Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, FIRST SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, DECEMBER 8, 2011 No. 188 House of Representatives The House met at 9 a.m. and was on agreeing to the Speaker’s approval The Justice Department, with the aid called to order by the Speaker pro tem- of the Journal. of the ATF, apparently facilitated the pore (Mrs. MILLER of Michigan). The SPEAKER pro tempore. The smuggling of over 2,000 weapons to the f question is on the Speaker’s approval drug cartels south of the border—the of the Journal. national enemy of Mexico. Those weap- DESIGNATION OF THE SPEAKER The question was taken; and the ons were used to kill at least 200 Mexi- PRO TEMPORE Speaker pro tempore announced that can nationals and two U.S. law enforce- The SPEAKER pro tempore laid be- the ayes appeared to have it. ment agents. fore the House the following commu- Mr. PITTS. Madam Speaker, I object Who is responsible for this conduct? nication from the Speaker: to the vote on the ground that a The Attorney General says he was un- WASHINGTON, DC, quorum is not present and make the aware of Fast and Furious. He claims December 8, 2011. point of order that a quorum is not he either didn’t get the memo or he I hereby appoint the Honorable CANDICE S. present. didn’t read it. That’s a lame excuse. MILLER to act as Speaker pro tempore on The SPEAKER pro tempore. Pursu- The Attorney General is the chief law- this day. ant to clause 8, rule XX, further pro- yer and law enforcement officer in the JOHN A. BOEHNER, ceedings on this question will be post- country. If people under him violated Speaker of the House of Representatives. poned. U.S. or international law, they need to f The point of no quorum is considered be held accountable, even if it means PRAYER withdrawn. somebody goes to jail. f We need an independent special coun- The Chaplain, the Reverend Patrick sel to investigate the Justice Depart- J. Conroy, offered the following prayer: PLEDGE OF ALLEGIANCE ment and the ATF. The Department of Eternal God, we give You thanks for The SPEAKER pro tempore. Will the Justice cannot be trusted to inves- giving us another day. gentleman from Texas (Mr. POE) come tigate themselves because the agency Once again we come to You to ask forward and lead the House in the has lost credibility. Even Washington wisdom, patience, peace, and under- Pledge of Allegiance. insiders responsible for Fast and Furi- standing for the Members of this peo- Mr. POE of Texas led the Pledge of ous cannot hide from the long arm of ple’s House. Allegiance as follows: American justice because justice is Give them the generosity of heart, I pledge allegiance to the Flag of the what we do in this country. and the courage of true leadership, to United States of America, and to the Repub- And that’s just the way it is. work toward a common solution to the lic for which it stands, one nation under God, f many issues facing our Nation. This indivisible, with liberty and justice for all. CONSUMER FINANCIAL might call for compromise, even sac- f rifice on both sides. As true statesmen PROTECTION BUREAU and -women, may they find the for- ANNOUNCEMENT BY THE SPEAKER (Mr. MILLER of North Carolina titude to make judgments to benefit PRO TEMPORE asked and was given permission to ad- all Americans in their time of need. The SPEAKER pro tempore. The dress the House for 1 minute.) May all that is done this day be for Chair will entertain up to five requests Mr. MILLER of North Carolina. Wall Your greater honor and glory. for 1-minute speeches on each side of Street may be in disrepute with most Amen. the aisle. Americans, but their power here, their f f political power in Congress, is undiminished. THE JOURNAL GONE ROGUE Americans strongly support a con- The SPEAKER pro tempore. The (Mr. POE of Texas asked and was sumer watchdog, the new Consumer Fi- Chair has examined the Journal of the given permission to address the House nancial Protection Bureau, but the last day’s proceedings and announces for 1 minute.) CFPB has become Republicans’ new to the House her approval thereof. Mr. POE of Texas. Madam Speaker, least favorite agency, which greatly Pursuant to clause 1, rule I, the Jour- the Justice Department appears to pleases their friends on Wall Street. nal stands approved. have gone rogue. Instead of enforcing Months ago, Republicans in the other Mr. PITTS. Madam Speaker, pursu- the law, they seem to be recklessly en- body announced that they would block ant to clause 1, rule I, I demand a vote couraging violations of law. the confirmation of the first Director

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 04:54 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.000 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8266 CONGRESSIONAL RECORD — HOUSE December 8, 2011 of the new agency, whether the nomi- farm. Three of the Saudi’s other horses ple in this country, including the 55 nee was Elizabeth Warren or anyone also sold for seven figures. A total of 22 million seniors, disabled workers, wid- else, unless Congress stripped the agen- horses were sold that day for $1 million ows, and children currently receiving cy of its independence and of the pow- or more, compared with only eight sold Social Security benefits that have ers to protect consumers from the in 2010. their Social Security unnecessarily abuses that were rampant in the last Every millionaire who purchased targeted as part of the debt reduction decade. these horses benefited from a Repub- talks. Now, more than ever, we cannot In the next day or two, the other lican-sponsored taxpayer subsidy writ- jeopardize earned benefits of seniors body will vote on the confirmation of ten into the last 2008 farm bill. It al- who have worked so hard over their Richard Cordray to head the CFPB. If lows them to recover the cost of the lifetime to retire with dignity. Every the vote goes as expected, Republicans horse. Even as they call for more budg- senior deserves dignity in their retire- will abuse their constitutional con- et cuts, Republicans used that bill to ment. Every senior, no exceptions. firmation powers to hobble the new transfer wealth—nearly $500 million— For almost two-thirds of America’s agency. They don’t want Elizabeth from the pockets of ordinary taxpayers seniors, Social Security is the primary Warren. They don’t want Richard to the coffers of wealthy racing inter- source of retirement income. Social Se- Cordray. They don’t want anyone be- ests. This is just one example of how curity is also a lifeline for workers who cause they don’t want the agency, and Republicans will go to absurd lengths became disabled and for families who they don’t want the agency because to support the wealthiest 1 percent of have lost a breadwinner. In the 16th they don’t want to protect consumers. Americans while turning their backs District of Texas that I represent, over Republicans are willing to leave con- on the middle class and working fami- 98,000 El Pasoans receive Social Secu- sumers vulnerable again to predatory lies. rity benefits. They depend on these lending practices. They’re willing to Now they refuse to take up a payroll benefits to buy groceries, pay utility leave the economy vulnerable again to tax cut extension and expansion that bills, and fill their gas tanks. another financial crisis to please their would mean $1,500 for 160 million peo- As their Representative, I want to friends on Wall Street. ple while they protect the tax breaks ensure that we uphold the decades-old f for 350,000 millionaires. They refuse to promise to the American worker, in re- extend unemployment insurance to turn for their years of hard work and OVERREGULATING DIETARY SUP- save 200,000 jobs. contributions, that we ensure dignity PLEMENTS ENDANGERS AMERI- Our Nation deserves better leadership in retirement, assistance of the dis- CANS’ JOBS AND HEALTH than this. Republicans need to stop abled, and support for their surviving (Mr. HULTGREN asked and was giving out handouts to millionaire rac- children. given permission to address the House ing horse owners and start addressing f for 1 minute.) the needs of the vast majority of Amer- Mr. HULTGREN. Madam Speaker, I ican families. GIVE SOMETHING BACK THIS SEASON rise today to express my concern over f another example of rampant govern- (Mr. BARROW asked and was given ment regulation. b 0910 permission to address the House for 1 For 17 years, the Food and Drug Ad- LIONS CLUB INTERNATIONAL CEN- minute and to revise and extend his re- ministration has sought to ignore con- TURY OF SERVICE COMMEMORA- marks.) gressional intent and create a vast new TIVE COIN ACT Mr. BARROW. Madam Speaker, I rise regulatory regime for dietary supple- (Mr. ALTMIRE asked and was given to encourage my colleagues to give a ments. Millions of Americans, includ- permission to address the House for 1 little something back this season to ing many of my constituents and my minute.) those who give so much. family, rely on dietary supplements as Mr. ALTMIRE. Madam Speaker, I Every year we accumulate thousands part of their everyday health mainte- rise in support of the Lions Club Inter- of frequent flyer miles as we travel be- nance routine. Moreover, they play an national Century of Service Commemo- tween our districts and Washington, important role in ensuring that people rative Coin Act. This legislation com- DC. For the past several years, I’ve do- take individual responsibility for pre- memorates the Lions Club’s 2017 Cen- nated my frequent flyer miles to the ventative health care. We all can agree tennial, at no cost to the taxpayer, as Fisher House’s Hero Miles Program, that the FDA should not limit Ameri- the cost will be paid for by sales to the which provides free airline tickets to cans’ access to dietary supplements. public. American soldiers and their families, In January President Obama issued As former president and zone chair- and to the Children’s Miracle Network, an Executive order to ensure that the man of my local Lions Club in Alle- a nonprofit organization dedicated to FDA’s new rules will not limit access. gheny County in Pennsylvania, I know saving and improving the lives of chil- Last week, the comment period on the firsthand the great work done by Lions dren. FDA’s draft guidance closed. Now that Club International, which now has 1.3 Most of my frequent flyer miles this they’ve heard from the public, and now million members and chapters span- year came from congressional travel, that I’m sure they’ve heard from ning every corner of the globe. and I don’t think it’s right to use them countless Americans who share my The Lions Clubs focus on the five for myself. What I do know is that concern, I urge them to go back to the goals of preserving sight, combating there is no better way for us to use our drawing board and ensure that they do disability, promoting health, serving frequent flyer miles than to help troops not limit Americans’ access to dietary youth, and disaster relief, for which and their families see each other, or to supplements. Lions Club donated over $50 million in help sick kids get well. f relief funds to Japan, Haiti, and most I encourage each of my colleagues to join me and donate the frequent flyer TAX BREAKS FOR RACING INTER- recently to our own southern States. I commend the great work carried miles you receive for government-fund- ESTS—NO ACTION ON PAYROLL out by Lions Club International, and ed congressional travel to programs TAX CUT AND UNEMPLOYMENT look forward to helping them com- like the Fisher House and the Chil- INSURANCE EXTENSION memorate their 2017 centennial year. dren’s Miracle Network, and to do it (Ms. DELAURO asked and was given f this holiday season. permission to address the House for 1 f minute and to revise and extend her re- SAFEGUARDING SOCIAL SECURITY marks.) BENEFITS MESSAGE FROM THE SENATE Ms. DELAURO. Madam Speaker, at a (Mr. REYES asked and was given per- A message from the Senate by Ms. recent horse sale in Kentucky, Breed- mission to address the House for 1 Curtis, one of its clerks, announced er’s Cup winner Royal Delta sold for minute.) that the Senate has passed a bill of the $8.5 million as part of the sale of the Mr. REYES. Madam Speaker, I rise following title in which the concur- late Saudi Prince Saud bin Khaled’s today on behalf of the millions of peo- rence of the House is requested:

VerDate Mar 15 2010 02:05 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.004 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8267 S. 1958. An act to extend the National this resolution, all time yielded is for so, if it substantially hurts the public Flood Insurance Program until May 31, 2012. the purpose of debate only. health, and if benefits of applying these f GENERAL LEAVE standards outweigh the cost. PROVIDING FOR CONSIDERATION Mr. WEBSTER. Madam Speaker, I b 0920 ask unanimous consent that all Mem- OF H.R. 1633, FARM DUST REGU- So in summary, if it isn’t regulated, LATION PREVENTION ACT OF bers have 5 legislative days to revise it would harm public health, and the 2011 and extend their remarks. benefit of regulation would outweigh The SPEAKER pro tempore. Is there the cost of regulation. The EPA could, Mr. WEBSTER. Madam Speaker, by objection to the request of the gen- direction of the Committee on Rules, I and presumably would, fill that void. tleman from Florida? While EPA Administrator Jackson call up House Resolution 487 and ask There was no objection. for its immediate consideration. has announced that she does not plan Mr. WEBSTER. Madam Speaker, I on changing the standard, EPA has The Clerk read the resolution, as fol- rise today in support of the rule and lows: been actively considering a revised, the underlying bill. House Resolution more costly and stringent standard as H. RES. 487 487 provides for a structured rule for part of the review process. The same Resolved, That at any time after the adop- consideration of House Resolution 1633, review process increased the stringency tion of this resolution the Speaker may, pur- the Farm Dust Regulation Prevention of that standard in 1996 and most re- suant to clause 2(b) of rule XVIII, declare the Act. House resolved into the Committee of the cently in 2006. Prior to the administra- The rule makes 8 of the 11 amend- tor’s announcement, EPA’s staff had Whole House on the state of the Union for ments submitted to the Rules Com- consideration of the bill (H.R. 1633) to estab- recommended further changes to the lish a temporary prohibition against revising mittee in order, a majority of which standard. any national ambient air quality standard are Democrat amendments, in order to Despite Administrator Jackson’s applicable to coarse particulate matter, to have robust debate here on the floor of statement, there is nothing currently limit Federal regulation of nuisance dust in the House of Representatives. on the books preventing the EPA from areas in which such dust is regulated under H.R. 1633 passed out of the Energy adopting a stricter regulation. Further, State, tribal, or local law, and for other pur- and Commerce Committee with bipar- as we all know, the environmental poses. The first reading of the bill shall be tisan support after proceeding through lobby could force a more stringent dispensed with. All points of order against the committee process under regular consideration of the bill are waived. General standard regardless of what the EPA debate shall be confined to the bill and shall order. A subcommittee hearing was fol- announces, finalizes, or proposes not exceed one hour equally divided and con- lowed by a subcommittee markup, and through legal action. trolled by the chair and ranking minority then a markup was held by the full This legislation provides ironclad member of the Committee on Energy and committee, which passed the bill with certainty to farmers, ranchers, small Commerce. After general debate the bill bipartisan support. business owners that farm dust would shall be considered for amendment under the The Farm Dust Regulation Preven- stay off the EPA’s to-do list for at five-minute rule. It shall be in order to con- tion Act is quite simple. It seeks regu- least another year. For that very rea- sider as an original bill for the purpose of latory certainty in the short term and son, farming, agricultural and rural amendment under the five-minute rule the a regulatory, commonsense approach small business organizations of all amendment in the nature of a substitute rec- shapes and sizes have put their stead- ommended by the Committee on Energy and in the long term. Specifically, this leg- Commerce now printed in the bill. The com- islation does two things. First, in the fast support behind this legislation. To mittee amendment in the nature of a sub- short term, the Farm Dust Regulation them, certainty means the ability to stitute shall be considered as read. All points Prevention Act would temporarily pro- grow their business by creating jobs in of order against the committee amendment hibit the EPA from issuing a new their communities, feeding every in the nature of a substitute are waived. No coarse particulate matter standard for American, and providing for their fam- amendment to the committee amendment in 1 year. ilies through the sale of the fruits of the nature of a substitute shall be in order H.R. 1633 does not prohibit EPA from their labors. except those printed in the report of the issuing a revised standard for coarse The agricultural community and, Committee on Rules accompanying this res- more largely, rural America is critical olution. Each such amendment may be of- particulate matter after this 1-year timeout. Coarse particulate matter, or to economic growth and job creation. fered only in the order printed in the report, The agricultural sector alone supports may be offered only by a Member designated PM10, is also known by a much more in the report, shall be considered as read, common name: dust. 1.8 million American jobs and rep- shall be debatable for the time specified in Second, in the longer term, this leg- resents 5 percent of our Nation’s total the report equally divided and controlled by islation would limit future EPA regula- exports. The Obama administration has the proponent and an opponent, shall not be tion of nuisance dust to areas where it acknowledged the importance of eco- subject to amendment, and shall not be sub- is not already regulated by State or nomic health for rural America. In ject to a demand for division of the question fact, the President’s White House local government, where it causes sub- in the House or in the Committee of the Rural Council has claimed that rural stantial adverse effects, and where the Whole. All points of order against such America is ‘‘central to the economic benefits of the EPA stepping in would amendments are waived. At the conclusion health and prosperity of our Nation.’’ of consideration of the bill for amendment outweigh the costs. Unfortunately, it is often rural com- the Committee shall rise and report the bill Nuisance dust is particulate matter munities, particularly those in the to the House with such amendments as may that is generated primarily from nat- have been adopted. Any Member may de- western United States, that suffer from ural sources, dirt roads, earth moving, the highest rates of unemployment and mand a separate vote in the House on any or other common farm activities. Nui- amendment adopted in the Committee of the are least equipped to bear the burden of Whole to the bill or to the committee sance dust is pieces of plants plowed up additional costs stemming from Wash- amendment in the nature of a substitute. during tilling, soil disturbed by the ington. The previous question shall be considered as movement of livestock or bits of rock So once again, Madam Speaker, I rise ordered on the bill and amendments thereto kicked up by a truck driving down a in support of this rule and the under- to final passage without intervening motion dirt road. The definition specifically lying legislation. The relevant com- except one motion to recommit with or with- precludes combustion emissions, coal mittee of jurisdiction has worked to out instructions. combustion residues and radioactive provide us with a bipartisan bill which, The SPEAKER pro tempore. The gen- particulate matter from mining oper- at its core, quite simply offers regu- tleman from Florida is recognized for 1 ations. latory certainty in the short term and hour. H.R. 1633 does not eliminate EPA’s commonsense regularity relief in the Mr. WEBSTER. Madam Speaker, for authority to step in if local or State long. the purpose of debate only, I yield the regulatory efforts fall short of what is This bill is not a cure-all, but is a customary 30 minutes to my colleague needed to adequately protect the pub- step in the right direction. While a from Colorado (Mr. POLIS), pending lic. The bill would allow EPA to step in small step, it is a commonsense ap- which I yield myself such time as I and regulate ‘‘nuisance dust’’ in areas proach to fixing what’s wrong in Wash- may consume. During consideration of where States and localities do not do ington, D.C. It’s a step that many in

VerDate Mar 15 2010 02:05 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.012 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8268 CONGRESSIONAL RECORD — HOUSE December 8, 2011 Congress on both sides of the aisle So instead of worrying about a non- by Congressman BUTTERFIELD would seem ready and willing to take. existent farm dust rule, maybe we have explicitly limited this bill to agri- As I mentioned, the Farm Dust Regu- should pass a regulatory ban on blow- culture, which is what the proponents lation Prevention Act passed out of ing smoke, because that’s exactly what of this bill purport it to be about. And subcommittee and full committee with Congress is doing with this bill here yet the majority voted down that bipartisan support. The bill has over today. amendment, sending a clear message 100 bipartisan cosponsors. Companion Not only does this bill seek to ad- that this bill is not about farmers. legislation in the Senate also enjoys dress a non-existent problem, Madam Let us see this bill for what it really that same bipartisan support. Speaker, but it also has a number of is—another effort to attack the EPA Let’s ensure rural businesses and unintended consequences. The new and prevent the EPA from imple- American farmers that at least for 1 loopholes it creates in the mining and menting the Clean Air Act under its more year they can cross dust off the other sectors will have severe public commonsense rules to protect our pub- list of the potential bureaucratic bur- health and environmental impacts. lic health. dens passed down from Washington. Now, there will be a number of amend- It’s time to get serious with the busi- I encourage my colleagues to vote ments that have been allowed under ness of the House, to take on the real ‘‘yes ‘‘on the rule and ‘‘yes’’ on the un- this rule that will go into a discussion tasks that we have of expanding the derlying bill, and I reserve the balance and tailoring of this bill to hopefully payroll tax cut, passing a budget, and of my time. roll back some of these unintended stop making up problems and making Mr. POLIS. Madam Speaker, I thank consequences, but what this bill does, up solutions that cause more problems my colleague for yielding me the cus- rather than solve a problem, is create a than they purport to solve. We’ve al- tomary 30 minutes, and I yield myself slew of new problems which we would ready got enough problems that this such time as I may consume. need to address. Congress and this country need to work I rise today in opposition to the rule This bill is chock full of exemptions on. Let’s get to work. and the underlying bill. for major industries. It allows for more I reserve the balance of my time. Today, there are very serious chal- arsenic and lead pollution from indus- Mr. WEBSTER. I continue to reserve lenges facing our country, facing rural trial sources, with dire consequences the balance of my time. America, suburban America, and urban for health and well-being. It disables Mr. POLIS. Madam Speaker, it is my America. In the next 3 weeks, Congress the ambient air quality standards honor to yield 3 minutes to the gentle- within the Air Quality Act. This bill has to address the payroll tax cut woman from Wisconsin (Ms. BALDWIN). issue, or there will be an enormous tax won’t help farmers at all because it Ms. BALDWIN. I thank the gen- increase, over $1,000 per family, to the won’t fend off any onerous regulation tleman for yielding time. American middle class. This Congress because none of the regulations that Madam Speaker, the bill before us are being contemplated are even being has to pass a budget or the government today is entitled the Farm Dust Regu- thought of by anybody in the EPA. will shut down. This Congress has to lation Prevention Act of 2011. Interestingly, what this bill will do is address a number of other expiring tax I want to make something very clear. provisions—all in the next 3 weeks. it allows the release of more pollution from industrial sources like open-pit If we were here today voting on a bill This is real work to do, real work that actually stopped farm dust from that needs to be done for the American mining, coal-processing facilities, cement kilns and smelters. This has being regulated by the EPA, I would middle class, the American people, for support it. Agriculture is hugely im- farmers, for businessmen and -women, nothing to do with the family farms that you’re going to hear people talk portant to my home State of Wis- and for workers. consin, and the thought of regulating And yet today, this body is not tak- about debating this bill. That’s why this bill’s main sup- farm dust on a Federal level is simply ing on real work. Instead, we’re ad- porters are not farmers, but they’re the ridiculous. However, there is no at- dressing an illusory problem, a fake mining industry. In fact, this bill has tempt by the EPA to regulate farm problem rather than a real one. My col- gained vocal support from the National dust. Administrator Lisa Jackson said league from Florida mentioned the Mining Association; and one of the big- that the EPA has no intention of regu- specter of someone somehow regulating gest groups representing farmers, the lating farm dust. the dust kicked up by a truck on a dirt National Farmers Union, has said this road. I don’t think there’s a single b 0930 bill isn’t necessary. In fact, in October, The Republican Senate sponsor of Member of this body that wants to reg- National Farmers Union president this bill, former Secretary of Agri- ulate the dust that’s kicked up by a Roger Jackson said, ‘‘The National culture MIKE JOHANNS, states that the truck on a dirt road. The EPA cer- Farmers Union is pleased to see EPA EPA has provided ‘‘unequivocal assur- tainly doesn’t. The farmers don’t want Administrator Jackson provide final ance that it won’t attempt to regulate us to. Members of Congress don’t want clarification for Members of Congress farm dust.’’ us to. and the agriculture community that This legislation is not about farm So what are we exactly talking the agency does not have plans to regu- about? Instead of addressing the seri- late farm dust.’’ dust. Instead, this bill creates a new ous problems that are facing the Na- He went on, ‘‘Lately, there has been category of pollution called ‘‘nuisance tion, we’re talking about a bill that considerable anxiety within the farm- dust’’ and exempts it from the Clean satisfies talking points, has a few unin- ing community that EPA is going to Air Act entirely. To be clear, ‘‘nui- tended consequences, which I’ll get regulate dust on farms. We hope this sance dust’’ is a made-up term that has into in my remarks, and ignores the action finally puts to rest the misin- no basis in established science. real problems of today. formation regarding dust regulation Under this legislation, particulate This bill before us claims to block and eases the minds of farmers and pollution from open-pit mines, mine the EPA from implementing a rule ranchers across the country.’’ processing plants, sand mines, lead that doesn’t even exist, hasn’t even Yet, instead of letting sleeping dogs smelters, and cement kilns would be been thought up, and is opposed by the lie and quelling the ridiculous rumors exempt from the Clean Air Act. These head of the EPA. That’s right. We’ve that somebody plans to regulate dust facilities emit coarse and fine particu- got millions of unemployed Americans, kicked up from cars on dirt roads, here lates—arsenic, lead, mercury, and a massive tax increase looming, and we have Members of this body reinvigo- other toxic substances. yet here we have a bill to stop the EPA rating and giving credibility to these Now, I don’t know about you, Madam from doing something it’s not doing. false rumors, scaring the hardworking Speaker, but this doesn’t sound like EPA Administrator Lisa Jackson farmers of America into thinking ‘‘farm dust’’ to me. just told Congress specifically that somehow government is about to regu- I agree with my colleague Congress- they have no intention of doing a rule late something that no one is pur- man JOHN DINGELL, who said, ‘‘This is in this area because the existing rules porting to regulate. a solution in search of a problem.’’ passed during the Reagan administra- Furthermore, during committee con- During the Energy and Commerce tion are adequate. sideration of this bill, an amendment Committee markup, the majority

VerDate Mar 15 2010 02:11 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.010 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8269 showed us that this bill isn’t about That’s a good reason as to why we son’s pocket in the next year—but farm dust at all; it’s about hacking an- should pass this bill. The real cure for what are we talking about today? Dust. other hole in the Clean Air Act and unemployment is employment. If we Ah, dust. I can just see it on Jon Stew- about stoking the fears of rural Ameri- can remove the uncertainty from the art—or maybe it will be Sean Hannity. cans and farmers for cheap political marketplace for farmers and for those I don’t know which it will be. points. in other places in this country through The fact is that this Congress has Americans are so sick of these polit- limited regulation—good regulation been a do-nothing Congress on the ical games. They want jobs, not fear but not by overburdening the busi- issues that affect the American people. mongering and baseless accusations. nesses and the job creators of this The middle class is getting clobbered, We shouldn’t be wasting our time and country—then we will have the oppor- and you’re talking about dust. theirs dealing with myths. We have tunity to solve that problem, to solve It reminds me of this business we real problems that need real solutions. it by hiring people. went through, this manufactured stuff, We should be extending the payroll I am hoping that this bill will pass. about raising the debt limit. It was tax relief for hardworking American In knowing that it probably will pass such an awful thing, so we created this families. We should be passing a trans- in the House, I hope the Senate takes committee that was going to cut $1.2 portation bill that puts Americans it up and the President signs it, and I trillion. That was magician talk. You back to work rebuilding our crumbling hope we end up with less regulation in don’t want to talk about raising the roads and bridges. We should be extend- an area where many, many jobs could debt limit. You want to talk about this ing unemployment insurance to mil- be created and where certainty could committee that did nothing because lions of Americans who are still out, be provided if we would only pass this the six members on the Republican side pounding the pavement day in and day bill. who came to that committee said from out, trying to find work. the very start that they would not Republicans need to stop stoking the I reserve the balance of my time. Mr. POLIS. I don’t see how this bill raise taxes, that they would not look fears of farmers and rural Americans at revenue. and get back to fixing the real crisis would create any jobs, because it’s purporting to undo regulations that don’t The SPEAKER pro tempore. The facing our country—the jobs crisis. time of the gentleman has expired. Mr. WEBSTER. I continue to reserve exist and that aren’t going to exist. So, obviously, if somebody at the EPA Mr. POLIS. I yield the gentleman an the balance of my time. additional 30 seconds. Mr. POLIS. Madam Speaker, if we de- were to get the idea to start regulating feat the previous question, I will offer farm dust, we would probably act to b 0940 an amendment to the rule to require undo those regulations, which might Mr. MCDERMOTT. In my view, if that we vote on an unemployment ben- help create jobs. Yet nobody is doing you’re serious, you sit down and you efit extension and that we vote on a that, so this bill does absolutely noth- talk about everything. The last 3 payroll tax holiday extension for next ing. weeks of that committee, they never year before we leave for the holidays. I would like to yield 3 minutes to the even met. That was dust in people’s I would like to yield 2 minutes to the gentleman from Washington (Mr. eyes. gentleman from Georgia (Mr. LEWIS). MCDERMOTT). Get them to talk about a commis- Mr. LEWIS of Georgia. I want to Mr. MCDERMOTT. There is a lot of sion. We had all this talk about a com- thank my friend and colleague for mourning among the comedians of this mission. Are they going to do this, are yielding. country that Herman Cain has left the they going to do that, what’s going to Madam Speaker, I rise today to urge field, but I think the Republican cau- happen? In fact, everybody around here my colleagues to extend unemploy- cus is now stepping in to give the co- ment benefits now. knew it was a lot of baloney from the medians things to laugh at. start, and that’s what this is today, It is amazing that we have time to This bill is about dust. This is dust to debate this farm dust bill. We are pol- more baloney. throw in the American people’s eyes so You know, Yogi Berra, who is one of luting our air, but we don’t have time they won’t see what’s going on here. to create jobs or to help people who my favorite philosophers, said, this is We’re going home a day early. Why deja vu all over again. We did this last have lost their jobs through no fault of aren’t we staying here tomorrow? Be- their own. It is our moral obligation to Christmas, we didn’t extend the bene- cause they haven’t got anything to do fits, and we’re doing it again this year. give just a little bit of hope, a little bit or they can’t figure out how to do it. I of justice to help people survive these Mr. WEBSTER. Madam Speaker, I don’t know which it is. yield myself such time as I may con- cold, difficult, hard times. In fact, we have never put out a jobs During this holiday season, I ask sume. bill from this House now in 11 months each and every one of you to take a Yes, Yogi Berra, it ain’t over till it’s deep, hard look within and ask your- of the Republican majority, who said over. We’ve got time. selves: Is this how I wish to treat my jobs are the issue. Boy, we’ve got to get We have a plan. House Republicans mother? my father? my sister? my jobs. They haven’t produced a single have a plan. It’s down here on this brother? my son? my daughter or my job in 11 months off this floor. They’re card. We have a plan, a jobs plan. neighbor? letting the unemployment extension Twenty-five of those issues have al- The unemployed lost their jobs expire. Beginning in January, 5 million ready passed this House and they went through no fault of their own. They Americans are not going to get benefits to the Senate. And where are they? I don’t want handouts. They want jobs. from the unemployment insurance be- don’t know. They’re there. They’re This small amount of money is just cause the Republicans have to throw ready to be acted on. enough to squeeze by while they con- dust in the people’s eyes so that they Let me just give one. The union labor tinue to look for jobs. Help them. won’t see. But they know. They’re not in this country rallied around that bill Please help them keep roofs over their stupid. a couple of days ago and said we want heads, shoes on their feet, food on their The American people can see through to build the pipeline. It’s tens of thou- tables, and heat in their homes. this game. They know we’re going sands of jobs. Many of the Democrats Madam Speaker, this is the least we home because you can’t get your act opposed that, and yes, it’s thousands can do. It is the right thing to do. It is together. You run this House and you and thousands of jobs. Is it a job cre- the fair thing to do. Fairness cannot can’t put a bill out here to extend un- ator? Absolutely. wait. Give them just a little bit of hope employment benefits. Now, I under- Do we have a plan? We have a plan, in the name of those elected to serve stand that the unemployment bill is an and that’s just one of the 25 that’s them. Let’s come together. Let’s put issue, but you can’t extend the payroll. waiting in the Senate for action. We politics aside and just get it done. Vote Madam Speaker, what’s wrong with need to have action there. We have a ‘‘no’’ on this rule, and extend unem- the Republicans that they can’t get plan. We have job plans, this is it, and ployment insurance here and now. their act together to somehow extend we’re ready to move this country for- Mr. WEBSTER. Madam Speaker, I the reduction in the payroll tax? ward, get our economy rolling again, yield myself such time as I may con- That’s going to take a thousand creating jobs, and making this econ- sume. bucks out of every middle class per- omy better for everyone in America.

VerDate Mar 15 2010 02:11 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.012 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8270 CONGRESSIONAL RECORD — HOUSE December 8, 2011 I reserve the balance of my time. offsetting language, this bill includes what’s happening in EPA in many Mr. POLIS. Madam Speaker, we have no offsetting language, which is par- other areas. no remaining speakers on our side. I ticularly grating because this bill The underlying bill, as I said, is quite would like to inquire if the gentleman doesn’t actually do anything besides simple. It provides much-needed cer- has any remaining speakers. create more Federal bureaucrats. tainty in the short term for agricul- Mr. WEBSTER. I am prepared to Madam Speaker, with only one com- tural, ranching, and rural businesses close. mittee hearing and a quick vote, this by hitting pause on the EPA’s runaway Mr. POLIS. I yield myself such time bill shouldn’t be before us on the floor regulatory machine for just one meas- as I may consume, Madam Speaker. today. We have real work to do. We ure for just 1 year. We get it and the American people need a good-faith effort to get to the H.R. 1633 simply says that now is not get it. Just because you repeat some- bottom of the real issues that affect the time to thrust yet another burden- thing enough times doesn’t make it this country and caused the recession, some, costly and, in EPA’s own judg- true. and help the middle class. This bill is ment, unnecessary regulation on rural What businesses need in this country not aimed at doing anything for farm- job creators. In the long term, it offers is long-term certainty and predict- ers. It’s not even aimed at a real prob- regulatory relief to rural America by ability, a fair playing field with clear lem. acknowledging that States and local rules for all. And yet here we are with I urge my colleagues to follow the communities are better suited to man- a bill like this creating more uncer- House CutGo guidelines, to table this age dust in their own communities and tainty by introducing ambiguously bill and focus on the real problems we thus grant them the flexibility to do drafted bills and new ambiguously should be working on. We all must stop so. drafted standards that skew the rules pretending the answer to this country’s It’s particularly offensive because in favor of some and against others, problems is giving handouts and loop- it’s like the old cookie-cutter approach making it tougher and tougher for holes to those with the most lobbyists that Washington uses, the same pro- small business, entrepreneurs, and here in Washington, D.C. gram that’s good for Ocoee, Florida, is innovators who don’t have teams of As I mentioned earlier, Madam good for Butte, Montana, and inner- lobbyists in Washington, D.C., moni- Speaker, if we defeat the previous ques- city New York, and it’s wrong. We toring every bit of legislation to get by tion, I will offer an amendment to the ought to get rid of the cookie-cutter and succeed. rule. approach and go back to local commu- The American people understand it I ask unanimous consent to insert nities and State governments and let wasn’t the Environmental Protection the text of the amendment in the them solve their problems, as opposed Agency that caused this recession, that RECORD along with extraneous mate- to one-size-fits-all Federal Govern- caused this economic mess we’re in, rial immediately prior to the vote on ment. and the economic recovery won’t come the previous question. Given the state of the economy, through creating loopholes in public The SPEAKER pro tempore. Is there given the EPA administrator’s own health laws. objection to the request of the gen- comments about the lack of need to If we are serious about helping farm- tleman from Colorado? further regulate farm dust, given the ers, there’s plenty that we could be There was no objection. dearth of scientific evidence that says doing. But increasing industrial pollu- Mr. POLIS. Madam Speaker, I urge that this is a danger, there is some sort tion for mining and coal processing my colleagues to vote ‘‘no’’ and defeat of danger from farm dust, this legisla- isn’t something that farmers in my dis- the previous question so that we can do tion represents a commonsense effort trict and across Colorado have asked the right thing for working families to create an environment for job cre- me to do. and the millions of people looking for a ation that all Members should support. Farmers are concerned about many job and vote on an unemployment ex- It gives farmers, ranchers, and other real-life challenges. Farmers are con- tension and a payroll tax holiday and rural small business owners the cer- cerned that their kids can’t get financ- extension before we leave for next year, tainty, at least when it comes to dust, ing to go carry on the family business 3 more weeks. that costly regulations would not because the startup and liability costs I urge a ‘‘no’’ vote on the rule, and I shackle their ability to focus on grow- are too high. Farmers are concerned yield back the balance of my time. ing their business, providing for their about the estate tax. Mr. WEBSTER. Madam Speaker, I families, and creating much needed Farmers are concerned about getting yield myself the balance of my time. jobs in rural America. sued by Monsanto because their crops This bill provides for ample open de- I ask my colleagues to join me in were contaminated by Roundup Ready bate, allowing for the colleagues here voting in favor of the rule and passage pollen. Farmers are concerned about on this floor and across the aisle, both of the underlying bill. rapid swings in commodity prices be- on our side and theirs, to offer amend- The material previously referred to cause of instability in the market. Po- ments to this bill. by Mr. POLIS is as follows: litical brinksmanship and gridlock cre- The underlying bill isn’t particularly AN AMENDMENT TO H. RES. 487 OFFERED BY MR. ate market instability, and bills that controversial. As a matter of fact, it’s POLIS create corporate handouts, loopholes, rather simple. This bill has no effect on At the end of the resolution, add the fol- and more uncertainty like this one direct spending. It does not appropriate lowing new sections: aren’t helping farmers, they’re hurting any money or have any new appropria- SEC. 2. Not later than December 16, 2011, farmers, and they aren’t helping the tion in it at all. This bill creates no the House of Representatives shall vote on rest of the country either. new programs. It has nothing to do passage of a bill to extend the payroll tax In addition to ignoring the needs of with CutGo or pay-as-you-go, either holiday beyond 2011, the title of which is as follows: ‘Payroll Tax Holiday Extension Act farmers, this bill ignores our national way. It doesn’t do either. of 2011.’. debt. In fact, it ignores our own House In the end, I can’t imagine 186 dif- SEC. 3. Not later than December 16, 2011, protocols to pay for things. Oddly ferent groups being so stirred up in this the House of Representatives shall vote on enough, not regulating this non- country to write and to call and to ask passage of a bill to provide for the continu- existent regulation isn’t cheap. Be- for this legislation, groups like the Na- ation of unemployment benefits, the title of cause of the bureaucratic changes that tional Corn Growers Association and which is as follows: ‘Emergency Unemploy- would ensue from this bill, the non- the Sheep Growers Association and the ment Compensation Extension Act of 2011.’. partisan CBO has scored this bill as Association of Cooperatives and the (The information contained herein was costing the Federal Government $10 Farm Bureaus across this country and provided by the Republican Minority on mul- million. So this bill violates the Re- the American Soybean Association and tiple occasions throughout the 110th and publican rule for discretionary author- many, many more getting stirred up 111th Congresses.) izations. about nothing? THE VOTE ON THE PREVIOUS QUESTION: WHAT In fact, while the majority has No, that argument is heifer dust. It IT REALLY MEANS pledged to adhere to spending limits on is. This argument is real, it’s true, and This vote, the vote on whether to order the all indirect spending bills by including it’s right, and it’s absolutely just like previous question on a special rule, is not

VerDate Mar 15 2010 04:54 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.014 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8271 merely a procedural vote. A vote against or- The question was taken; and the [Roll No. 902] dering the previous question is a vote Speaker pro tempore announced that YEAS—241 against the Republican majority agenda and the ayes appeared to have it. a vote to allow the opposition, at least for Adams Goodlatte Nunnelee the moment, to offer an alternative plan. It Mr. POLIS. Madam Speaker, on that Aderholt Gosar Olson is a vote about what the House should be de- I demand the yeas and nays. Akin Gowdy Paulsen The yeas and nays were ordered. Alexander Granger Pearce bating. Amash Graves (GA) Pence Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- Amodei Graves (MO) Peterson House of Representatives (VI, 308–311), de- ant to clause 8 of rule XX, further pro- Austria Griffin (AR) Petri scribes the vote on the previous question on ceedings on this question will be post- Bachus Griffith (VA) Pitts the rule as ‘‘a motion to direct or control the poned. Barletta Grimm Platts consideration of the subject before the House Bartlett Guinta Poe (TX) being made by the Member in charge.’’ To f Barton (TX) Guthrie Pompeo defeat the previous question is to give the Bass (NH) Hall Posey Benishek Hanna Price (GA) opposition a chance to decide the subject be- RECESS Berg Harper Quayle fore the House. Cannon cites the Speaker’s The SPEAKER pro tempore. Pursu- Biggert Harris Reed ruling of January 13, 1920, to the effect that Bilbray Hartzler Rehberg ‘‘the refusal of the House to sustain the de- ant to clause 12(a) of rule I, the Chair Bilirakis Hastings (WA) Reichert mand for the previous question passes the declares the House in recess subject to Bishop (UT) Hayworth Renacci control of the resolution to the opposition’’ the call of the Chair. Black Heck Ribble in order to offer an amendment. On March Accordingly (at 9 o’clock and 50 min- Blackburn Hensarling Rigell 15, 1909, a member of the majority party of- Bonner Herger Rivera utes a.m.), the House stood in recess Bono Mack Herrera Beutler Roby fered a rule resolution. The House defeated subject to the call of the Chair. Boren Huelskamp Roe (TN) the previous question and a member of the Boustany Huizenga (MI) Rogers (AL) opposition rose to a parliamentary inquiry, f Brady (TX) Hultgren Rogers (KY) asking who was entitled to recognition. Brooks Hunter Rogers (MI) Speaker Joseph G. Cannon (R–Illinois) said: b 1030 Broun (GA) Hurt Rohrabacher ‘‘The previous question having been refused, Buchanan Issa Rokita the gentleman from New York, Mr. Fitz- AFTER RECESS Bucshon Jenkins Rooney Buerkle Johnson (IL) Ros-Lehtinen gerald, who had asked the gentleman to The recess having expired, the House Burgess Johnson (OH) Ross (AR) yield to him for an amendment, is entitled to was called to order by the Speaker pro Burton (IN) Johnson, Sam Ross (FL) the first recognition.’’ Calvert Jones Rothman (NJ) tempore (Mrs. MILLER of Michigan) at Because the vote today may look bad for Camp Jordan Royce the Republican majority they will say ‘‘the 10 o’clock and 30 minutes a.m. Campbell Kelly Runyan vote on the previous question is simply a Canseco King (IA) Ryan (WI) f vote on whether to proceed to an immediate Cantor King (NY) Scalise vote on adopting the resolution . . . [and] Capito Kingston Schilling ANNOUNCEMENT BY THE SPEAKER Carter Kinzinger (IL) Schmidt has no substantive legislative or policy im- PRO TEMPORE Cassidy Kline Schock plications whatsoever.’’ But that is not what Chabot Labrador Schweikert they have always said. Listen to the Repub- The SPEAKER pro tempore. Pursu- Chaffetz Lamborn Scott (SC) lican Leadership Manual on the Legislative ant to clause 8 of rule XX, proceedings Coble Lance Scott, Austin Process in the United States House of Rep- will resume on questions previously Coffman (CO) Landry Sensenbrenner Cole Lankford Sessions resentatives, (6th edition, page 135). Here’s postponed. how the Republicans describe the previous Conaway Latham Shimkus Votes will be taken in the following Cravaack LaTourette Shuler question vote in their own manual: ‘‘Al- order: ordering the previous question Crawford Latta Shuster though it is generally not possible to amend Crenshaw Lewis (CA) Simpson the rule because the majority Member con- on H. Res. 487, by the yeas and nays; Culberson LoBiondo Smith (NE) trolling the time will not yield for the pur- adoption of H. Res 487, if ordered; mo- Davis (KY) Long Smith (NJ) pose of offering an amendment, the same re- tion to suspend the rules on H.R. 1254, Denham Lucas Smith (TX) sult may be achieved by voting down the pre- de novo; approval of the Journal, de Dent Luetkemeyer Southerland vious question on the rule . . . When the mo- DesJarlais Lummis Stearns novo. Dold Lungren, Daniel Stivers tion for the previous question is defeated, The first electronic vote will be con- Dreier E. Stutzman control of the time passes to the Member ducted as a 15-minute vote. The re- Duffy Mack Sullivan who led the opposition to ordering the pre- mainder of the votes in this series will Duncan (SC) Manzullo Terry vious question. That Member, because he Duncan (TN) Marchant Thompson (PA) then controls the time, may offer an amend- be conducted as 5-minute votes. Ellmers Marino Thornberry Emerson Matheson Tiberi ment to the rule, or yield for the purpose of f amendment.’’ Farenthold McCarthy (CA) Tipton In Deschler’s Procedure in the U.S. House Fincher McCaul Turner (NY) PROVIDING FOR CONSIDERATION Fitzpatrick McClintock Turner (OH) of Representatives, the subchapter titled OF H.R. 1633, FARM DUST REGU- Flake McCotter Upton ‘‘Amending Special Rules’’ states: ‘‘a refusal LATION PREVENTION ACT OF Fleischmann McHenry Walberg to order the previous question on such a rule Fleming McKeon Walden [a special rule reported from the Committee 2011. Flores McKinley Walsh (IL) on Rules] opens the resolution to amend- The SPEAKER pro tempore. The un- Forbes McMorris Webster Fortenberry Rodgers West ment and further debate.’’ (Chapter 21, sec- finished business is the vote on order- tion 21.2) Section 21.3 continues: ‘‘Upon re- Foxx Meehan Westmoreland ing the previous question on the reso- Franks (AZ) Mica Whitfield jection of the motion for the previous ques- lution (H. Res. 487) providing for con- Frelinghuysen Miller (FL) Wilson (SC) tion on a resolution reported from the Com- Gallegly Miller (MI) Wittman mittee on Rules, control shifts to the Mem- sideration of the bill (H.R. 1633) to es- Gardner Miller, Gary Wolf ber leading the opposition to the previous tablish a temporary prohibition Garrett Mulvaney Womack question, who may offer a proper amendment against revising any national ambient Gerlach Murphy (PA) Woodall or motion and who controls the time for de- air quality standard applicable to Gibbs Neugebauer Yoder Gibson Noem Young (AK) bate thereon.’’ coarse particulate matter, to limit Clearly, the vote on the previous question Gingrey (GA) Nugent Young (FL) Federal regulation of nuisance dust in Gohmert Nunes Young (IN) on a rule does have substantive policy impli- areas in which such dust is regulated cations. It is one of the only available tools NAYS—173 for those who oppose the Republican major- under State, tribal, or local law, and for other purposes, on which the yeas Ackerman Boswell Cicilline ity’s agenda and allows those with alter- Altmire Brady (PA) Clarke (MI) native views the opportunity to offer an al- and nays were ordered. Andrews Braley (IA) Clarke (NY) ternative plan. The Clerk read the title of the resolu- Baca Brown (FL) Clay Mr. WEBSTER. Madam Speaker, I tion. Baldwin Butterfield Cleaver Barrow Capps Cohen yield back the balance of my time, and The SPEAKER pro tempore. The Bass (CA) Capuano Connolly (VA) I move the previous question on the question is on ordering the previous Becerra Cardoza Conyers resolution. question. Berkley Carnahan Cooper The SPEAKER pro tempore. The The vote was taken by electronic de- Berman Carney Costa Bishop (GA) Carson (IN) Costello question is on ordering the previous vice, and there were—yeas 241, nays Bishop (NY) Chandler Courtney question. 173, not voting 19, as follows: Blumenauer Chu Critz

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Cantor Hurt Reichert Johnson (GA) Neal Sires Doggett Lipinski Johnson, E. B. Pallone Sanchez, Loretta Capito Issa Renacci Slaughter Donnelly (IN) Loebsack Kaptur Pascrell Sarbanes Cardoza Jenkins Ribble Smith (WA) Doyle Lofgren, Zoe Carter Johnson (IL) Keating Pastor (AZ) Schakowsky Rigell Speier Edwards Lowey Cassidy Johnson (OH) Kildee Payne Schiff Rivera Sutton Ellison Luja´ n Chabot Johnson, Sam Kucinich Perlmutter Schrader Roby Thompson (CA) Engel Lynch Schwartz Chaffetz Jones Roe (TN) Langevin Peters Eshoo Maloney Larsen (WA) Thompson (MS) Scott (VA) Chandler Jordan Rogers (AL) Pingree (ME) Farr Markey Larson (CT) Polis Tierney Scott, David Coble Kelly Rogers (KY) Fattah Matsui Coffman (CO) Lee (CA) Price (NC) Tonko Serrano Kind Rogers (MI) Filner McCarthy (NY) Cole King (IA) Levin Quigley Towns Sewell Rohrabacher Fudge McCollum Conaway King (NY) Lewis (GA) Rangel Tsongas Sherman Rokita Garamendi McDermott Costa Kingston Lipinski Reyes Van Hollen Sires Ros-Lehtinen Vela´ zquez Gonzalez McGovern Cravaack Kinzinger (IL) Roskam Lofgren, Zoe Richardson Slaughter Visclosky Green, Al McIntyre Crawford Kissell Ross (AR) Lowey Richmond Smith (WA) ´ Wasserman Green, Gene McNerney Crenshaw Kline Ross (FL) Lujan Rothman (NJ) Speier Schultz Grijalva Meeks Culberson Labrador Royce Lynch Roybal-Allard Sutton Waters Gutierrez Michaud Davis (KY) Lance Runyan Maloney Ruppersberger Thompson (CA) Watt Hahn Miller (NC) Denham Landry Ryan (WI) Markey Rush Thompson (MS) Waxman Hanabusa Miller, George Dent Lankford Scalise Matsui Ryan (OH) Hastings (FL) Moore Tierney McCarthy (NY) Sa´ nchez, Linda Welch DesJarlais Latham Schilling Heinrich Moran Tonko McCollum T. Wilson (FL) Dold LaTourette Schmidt Higgins Murphy (CT) Towns McDermott Sanchez, Loretta Woolsey Donnelly (IN) Latta Schock Himes Napolitano Tsongas McGovern Sarbanes Yarmuth Dreier Lewis (CA) Schweikert Hinojosa Neal Van Hollen Duffy LoBiondo Scott (SC) Hirono Olver Vela´ zquez Duncan (SC) Loebsack NOT VOTING—23 Scott, Austin Hochul Owens Visclosky Duncan (TN) Long Sensenbrenner Bachmann Giffords Nugent Holden Pallone Walz (MN) Ellmers Lucas Sessions Bilbray Hinchey Olver Holt Pascrell Wasserman Emerson Luetkemeyer Shimkus Castor (FL) Hoyer Paul Honda Pastor (AZ) Schultz Farenthold Lummis Shuler Clyburn Israel Pelosi Inslee Payne Waters Fincher Lungren, Daniel Shuster Davis (IL) Jackson (IL) Rahall Jackson Lee Perlmutter Watt Fitzpatrick E. Simpson Diaz-Balart Lamborn Rooney (TX) Peters Waxman Flake Mack Smith (NE) Frank (MA) Myrick Stark Johnson (GA) Pingree (ME) Welch Fleischmann Manzullo Smith (NJ) Garrett Nadler Johnson, E. B. Polis Wilson (FL) Fleming Marchant Smith (TX) Kaptur Price (NC) Woolsey Flores Marino ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Southerland Keating Quigley Yarmuth Forbes Matheson The SPEAKER pro tempore (Mr. Fortenberry McCarthy (CA) Stearns NOT VOTING—19 Foxx McCaul Stivers WOMACK) (during the vote). There are 2 Stutzman Bachmann Hinchey Paul Franks (AZ) McClintock minutes remaining in this vote. Sullivan Castor (FL) Hoyer Pelosi Frelinghuysen McCotter Terry Clyburn Israel Rahall Gallegly McHenry Thompson (PA) Davis (IL) Jackson (IL) Roskam Gardner McIntyre b 1106 Thornberry Diaz-Balart Myrick Stark Gerlach McKeon Frank (MA) Nadler Gibbs McKinley Tiberi So the resolution was agreed to. Giffords Palazzo Gibson McMorris Tipton The result of the vote was announced Turner (NY) Gingrey (GA) Rodgers as above recorded. b 1100 Gohmert Meehan Turner (OH) Goodlatte Mica Upton A motion to reconsider was laid on Mr. CLEAVER, Ms. KAPTUR, Gosar Miller (FL) Walberg the table. Messrs. GUTIERREZ, PERLMUTTER, Gowdy Miller (MI) Walden MARKEY, BERMAN, Ms. WASSER- Granger Miller, Gary Walsh (IL) Graves (GA) Mulvaney Walz (MN) f MAN SCHULTZ, and Mr. HONDA Graves (MO) Murphy (PA) Webster changed their vote from ‘‘yea’’ to West Griffin (AR) Neugebauer SYNTHETIC DRUG CONTROL ACT ‘‘nay.’’ Griffith (VA) Noem Westmoreland Whitfield OF 2011 So the previous question was ordered. Grimm Nunes Guinta Nunnelee Wilson (SC) The result of the vote was announced Guthrie Olson Wittman The SPEAKER pro tempore. The un- as above recorded. Hall Owens Wolf finished business is the question on The SPEAKER pro tempore. The Hanna Palazzo Womack suspending the rules and passing the Harper Paulsen Woodall question is on the resolution. Harris Pearce Yoder bill (H.R. 1254) to amend the Controlled The question was taken; and the Hartzler Pence Young (AK) Substances Act to place synthetic Speaker pro tempore announced that Hastings (WA) Peterson Young (FL) drugs in Schedule I, as amended. the ayes appeared to have it. Hayworth Petri Young (IN) The Clerk read the title of the bill. RECORDED VOTE NOES—161 The SPEAKER pro tempore. The Mr. POLIS. Madam Speaker, I de- Ackerman Chu Dingell question is on the motion offered by mand a recorded vote. Altmire Cicilline Doggett the gentleman from Pennsylvania (Mr. A recorded vote was ordered. Andrews Clarke (MI) Doyle PITTS) that the House suspend the Baca Clarke (NY) Edwards rules and pass the bill, as amended. The SPEAKER pro tempore. This Baldwin Clay Ellison will be a 5-minute vote. Barrow Cleaver Engel The question was taken. The vote was taken by electronic de- Bass (CA) Cohen Eshoo The SPEAKER pro tempore. In the vice, and there were—ayes 249, noes 161, Becerra Connolly (VA) Farr opinion of the Chair, two-thirds being Berkley Conyers Fattah not voting 23, as follows: Berman Cooper Filner in the affirmative, the ayes have it. [Roll No. 903] Bishop (GA) Costello Fudge RECORDED VOTE Bishop (NY) Courtney Garamendi AYES—249 Blumenauer Critz Gonzalez Mr. WHITFIELD. Mr. Speaker, I de- Adams Bartlett Blackburn Brady (PA) Crowley Green, Al mand a recorded vote. Aderholt Barton (TX) Bonner Braley (IA) Cuellar Green, Gene A recorded vote was ordered. Akin Bass (NH) Bono Mack Brown (FL) Cummings Grijalva Alexander Benishek Boren Butterfield Davis (CA) Gutierrez The SPEAKER pro tempore. This is a Amash Berg Boswell Capps DeFazio Hahn 5-minute vote. Amodei Biggert Boustany Capuano DeGette Hanabusa The vote was taken by electronic de- Austria Bilirakis Brady (TX) Carnahan DeLauro Hastings (FL) Bachus Bishop (UT) Brooks Carney Deutch Heinrich vice, and there were—ayes 317, noes 98, Barletta Black Broun (GA) Carson (IN) Dicks Higgins not voting 18, as follows:

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[Roll No. 904] Stutzman Turner (OH) Westmoreland RECORDED VOTE Sullivan Upton Whitfield AYES—317 Sutton Walberg Wilson (FL) Mr. WOODALL. Mr. Speaker, I de- Terry Walden Wilson (SC) mand a recorded vote. Adams Frelinghuysen McIntyre Thompson (MS) Walz (MN) Wittman Aderholt Gallegly McKeon A recorded vote was ordered. Thompson (PA) Wasserman Wolf Akin Garamendi McKinley Thornberry Schultz Womack The SPEAKER pro tempore. This is a Alexander Gardner McMorris Tiberi Waxman Yoder 5-minute vote. Altmire Garrett Rodgers Tipton Webster Young (AK) McNerney The vote was taken by electronic de- Amodei Gerlach Tonko Welch Young (FL) Austria Gibbs Meehan Tsongas West Young (IN) vice, and there were—ayes 312, noes 94, Baca Gibson Mica answered ‘‘present’’ 1, not voting 26, as Bachus Gingrey (GA) Michaud NOES—98 Barletta Gohmert Miller (FL) follows: Ackerman Flake Moran Barrow Goodlatte Miller (MI) Amash Foxx Mulvaney [Roll No. 905] Bartlett Gosar Miller, Gary Andrews Fudge Napolitano AYES—312 Barton (TX) Gowdy Murphy (CT) Baldwin Gonzalez Neal Bass (NH) Granger Murphy (PA) Bass (CA) Graves (GA) Olver Ackerman Duncan (TN) Latta Benishek Graves (MO) Neugebauer Becerra Green, Al Payne Adams Edwards Levin Berg Griffin (AR) Noem Blumenauer Green, Gene Poe (TX) Aderholt Ellmers Lewis (CA) Berkley Griffith (VA) Nugent Brady (PA) Grijalva Polis Akin Emerson Lipinski Berman Grimm Nunes Brooks Gutierrez Price (NC) Alexander Engel Loebsack Biggert Guinta Nunnelee Broun (GA) Hastings (FL) Richmond Amodei Eshoo Lofgren, Zoe Bilbray Guthrie Olson Brown (FL) Holt Rohrabacher Austria Farenthold Long Bilirakis Hahn Owens Butterfield Honda Roybal-Allard Baca Farr Lowey Bishop (GA) Hall Palazzo Campbell Jackson Lee Rush Bachus Fattah Luetkemeyer ´ Bishop (NY) Hanabusa Pallone Capuano (TX) Schakowsky Barletta Fincher Lujan Bishop (UT) Hanna Pascrell Carson (IN) Johnson (GA) Scott (VA) Barrow Flake Lummis Black Harper Pastor (AZ) Chu Johnson, E. B. Scott, David Bartlett Fleischmann Lungren, Daniel Blackburn Harris Paulsen Clarke (MI) Kaptur Serrano Barton (TX) Fleming E. Bonner Hartzler Pearce Clarke (NY) Kingston Sires Bass (NH) Flores Mack Bono Mack Hastings (WA) Pence Clay Kucinich Slaughter Becerra Forbes Maloney Boren Hayworth Perlmutter Cleaver Labrador Smith (WA) Berg Fortenberry Manzullo Boswell Heck Peters Cohen Lee (CA) Thompson (CA) Berkley Franks (AZ) Marchant Boustany Heinrich Peterson Conyers Levin Tierney Berman Frelinghuysen Marino Brady (TX) Hensarling Petri Crowley Lewis (GA) Towns Biggert Fudge McCarthy (CA) Braley (IA) Herger Pingree (ME) Cummings Lofgren, Zoe Turner (NY) Bilbray Gallegly McCarthy (NY) Buchanan Herrera Beutler Pitts DeGette Maloney Van Hollen Bilirakis Garamendi McCaul Bucshon Higgins Platts Dicks Markey Vela´ zquez Bishop (GA) Gerlach McClintock Buerkle Himes Pompeo Doggett McClintock Visclosky Bishop (UT) Gibbs McCollum Burgess Hinojosa Posey Edwards McDermott Walsh (IL) Black Gingrey (GA) McHenry Burton (IN) Hirono Price (GA) Ellison McGovern Waters Blackburn Gonzalez McIntyre Calvert Hochul Quayle Eshoo Meeks Watt Bonner Goodlatte McKeon Camp Holden Quigley Farr Miller (NC) Woodall Bono Mack Gosar McKinley Canseco Huelskamp Rangel Fattah Miller, George Woolsey Boswell Gowdy McMorris Cantor Huizenga (MI) Reed Filner Moore Yarmuth Boustany Granger Rodgers Capito Hunter Rehberg Brady (TX) Graves (GA) McNerney Capps Hurt Reichert NOT VOTING—18 Braley (IA) Graves (MO) Meeks Cardoza Inslee Renacci Bachmann Giffords Myrick Brooks Green, Al Mica Carnahan Issa Reyes Castor (FL) Hinchey Nadler Broun (GA) Griffin (AR) Michaud Carney Jenkins Ribble Clyburn Hoyer Paul Brown (FL) Griffith (VA) Miller (FL) Carter Johnson (IL) Richardson Davis (IL) Hultgren Pelosi Buchanan Grimm Miller (MI) Cassidy Johnson (OH) Rigell Diaz-Balart Israel Rahall Bucshon Guinta Miller (NC) Chabot Johnson, Sam Rivera Frank (MA) Jackson (IL) Stark Buerkle Guthrie Miller, Gary Chaffetz Jones Roby Burton (IN) Gutierrez Moran Chandler Jordan Roe (TN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Butterfield Hahn Murphy (CT) Cicilline Keating Rogers (AL) The SPEAKER pro tempore (during Calvert Hall Murphy (PA) Coble Kelly Rogers (KY) Camp Hanabusa Napolitano Coffman (CO) Kildee Rogers (MI) the vote). There are 2 minutes remain- Campbell Harper Neal Cole Kind Rokita ing. Canseco Hartzler Neugebauer Conaway King (IA) Rooney Cantor Hastings (WA) Noem Connolly (VA) King (NY) Ros-Lehtinen b 1113 Capito Hayworth Nugent Cooper Kinzinger (IL) Roskam Messrs. NEAL, TIERNEY, POE of Capps Heinrich Nunes Costa Kissell Ross (AR) Carnahan Hensarling Nunnelee Costello Kline Ross (FL) Texas, and AL GREEN of Texas Carney Herger Olson Courtney Lamborn Rothman (NJ) changed their vote from ‘‘aye’’ to ‘‘no.’’ Carter Higgins Owens Cravaack Lance Royce Ms. RICHARDSON changed her vote Chabot Hinojosa Palazzo Crawford Landry Runyan from ‘‘no’’ to ‘‘aye.’’ Chaffetz Hirono Pascrell Crenshaw Langevin Ruppersberger Cicilline Hochul Paulsen Critz Lankford Ryan (OH) So (two-thirds being in the affirma- Clarke (MI) Holden Payne Cuellar Larsen (WA) Ryan (WI) tive) the rules were suspended and the Clarke (NY) Huelskamp Pearce Culberson Larson (CT) Sa´ nchez, Linda bill, as amended, was passed. Clay Huizenga (MI) Pence Davis (CA) Latham T. The result of the vote was announced Cleaver Hultgren Perlmutter Davis (KY) LaTourette Sanchez, Loretta Coble Hunter Peters DeFazio Latta Sarbanes as above recorded. Coffman (CO) Hurt Petri DeLauro Lewis (CA) Scalise A motion to reconsider was laid on Cohen Issa Pingree (ME) Denham Lipinski Schiff the table. Cole Jackson Lee Pitts Dent LoBiondo Schilling Connolly (VA) (TX) Platts DesJarlais Loebsack Schmidt Stated against: Conyers Jenkins Pompeo Deutch Long Schock Mr. HULTGREN. Mr. Speaker, on rollcall Cooper Johnson (GA) Posey Dingell Lowey Schrader No. 904, had I been present, I would have Courtney Johnson (IL) Price (GA) Dold Lucas Schwartz voted ‘‘no.’’ Crawford Johnson, E. B. Price (NC) Donnelly (IN) Luetkemeyer Schweikert Crenshaw Johnson, Sam Quigley Doyle Luja´ n Scott (SC) f Critz Jones Rehberg Dreier Lummis Scott, Austin Crowley Jordan Reichert Duffy Lungren, Daniel Sensenbrenner THE JOURNAL Culberson Kaptur Reyes Duncan (SC) E. Sessions The SPEAKER pro tempore. Pursu- Davis (CA) Kelly Richardson Duncan (TN) Lynch Sewell Davis (KY) Kildee Richmond Ellmers Mack Sherman ant to clause 8 of rule XX, the unfin- DeGette King (IA) Rigell Emerson Manzullo Shimkus ished business is the question on agree- DeLauro Kingston Rivera Engel Marchant Shuler ing to the Speaker’s approval of the Denham Kissell Roby Farenthold Marino Shuster Journal, which the Chair will put de Dent Kline Rogers (AL) Fincher Matheson Simpson DesJarlais Labrador Rogers (KY) Fitzpatrick Matsui Smith (NE) novo. Deutch Lamborn Rogers (MI) Fleischmann McCarthy (CA) Smith (NJ) The question is on the Speaker’s ap- Dicks Landry Rohrabacher Fleming McCarthy (NY) Smith (TX) proval of the Journal. Dingell Langevin Rokita Flores McCaul Southerland The question was taken; and the Doggett Lankford Ros-Lehtinen Forbes McCollum Speier Doyle Larsen (WA) Roskam Fortenberry McCotter Stearns Speaker announced that the ayes ap- Dreier Larson (CT) Ross (AR) Franks (AZ) McHenry Stivers peared to have it. Duncan (SC) LaTourette Ross (FL)

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.004 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8274 CONGRESSIONAL RECORD — HOUSE December 8, 2011 Rothman (NJ) Shimkus Van Hollen There was no objection. tions believe that this bill is necessary, Roybal-Allard Shuster Vela´ zquez The SPEAKER pro tempore. Pursu- and so do I. Royce Simpson Walberg Runyan Sires Walz (MN) ant to House Resolution 487 and rule The bill makes clear that the lead Ruppersberger Smith (NE) Wasserman XVIII, the Chair declares the House in role in regulating nuisance dust should Ryan (WI) Smith (NJ) Schultz the Committee of the Whole House on rest with State, local, and tribal gov- Scalise Smith (TX) Watt the state of the Union for the consider- ernments, not the EPA. Schiff Smith (WA) Waxman Schilling Southerland ation of the bill, H.R. 1633. This is a smart step for a lot of rea- Welch Schmidt Speier sons. For one thing, State, local, and West Schock Stearns b 1119 tribal governments already address Schrader Stivers Westmoreland IN THE COMMITTEE OF THE WHOLE rural dust issues. For another, dust Schwartz Stutzman Whitfield Schweikert Sullivan Wilson (FL) Accordingly, the House resolved issues differ greatly from location to Scott (SC) Thompson (PA) Wilson (SC) itself into the Committee of the Whole location and thus are not well suited to Scott (VA) Thornberry Wittman House on the state of the Union for the a one-size-fits-all Federal approach. Scott, Austin Tiberi Wolf Scott, David Tierney Womack consideration of the bill (H.R. 1633) to Further, these levels of governments Sensenbrenner Tonko Woolsey establish a temporary prohibition do a much better job than the Federal Serrano Towns Yarmuth against revising any national ambient EPA when it comes to weighing both Sessions Tsongas Young (FL) air quality standard applicable to the costs and the benefits of various Sewell Turner (NY) Young (IN) Sherman Upton coarse particulate matter, to limit options and choosing a path that is Federal regulation of nuisance dust in cost-effective and achieves the greatest NOES—94 areas in which such dust is regulated benefits. Altmire Grijalva Pallone under State, tribal, or local law, and Finally, under this bill, in the ab- Andrews Hanna Pastor (AZ) sence of State, local, and tribal regula- Baldwin Harris Peterson for other purposes, with Mr. WOMACK in Bass (CA) Hastings (FL) Poe (TX) the chair. tion, EPA may step in and regulate Benishek Heck Quayle The Clerk read the title of the bill. nuisance dust if the case for net bene- Bishop (NY) Herrera Beutler Rangel The CHAIR. Pursuant to the rule, the fits can be made for it. This bill is a Boren Holt Reed commonsense bill that removes a regu- Brady (PA) Honda Renacci bill is considered read the first time. Burgess Inslee Ribble The gentleman from Michigan (Mr. latory threat to economic growth and Capuano Johnson (OH) Roe (TN) UPTON) and the gentleman from Cali- prosperity across rural America. I urge Cardoza Keating Rooney all my colleagues to support it. Carson (IN) Kind fornia (Mr. WAXMAN) each will control Rush Chandler King (NY) 30 minutes. I reserve the balance of my time. Ryan (OH) Chu Kinzinger (IL) Mr. WAXMAN. Mr. Chairman, I yield Sa´ nchez, Linda The Chair recognizes the gentleman Conaway Kucinich myself such time as I may consume. T. from Michigan. Costa Lance Over the past year, Republicans have Sanchez, Loretta Mr. UPTON. Mr. Chairman, I yield Costello Latham brought to the floor one bill after an- Cravaack Lee (CA) Sarbanes myself 2 minutes. Schakowsky other to weaken the Clean Air Act and Cuellar Lewis (GA) No question, from the largest manu- Cummings LoBiondo Shuler eliminate EPA authority to protect facturer to the smallest farm or ranch, DeFazio Lynch Slaughter public health from dangerous air pollu- Sutton not enough businesses are thriving in Dold Markey tion. The House has passed bills to nul- Donnelly (IN) Matheson Terry this economy. The recovery has been Thompson (CA) lify EPA’s rules on air pollution from Duffy Matsui slow and weak, job growth has been Ellison McCotter Thompson (MS) incinerators, power plants, cement anemic, and the continuous rollout of Filner McDermott Tipton kilns, and industrial boilers. But the Fitzpatrick McGovern Turner (OH) expensive new regulations has only bill before us today breaks new ground. Foxx Meehan Visclosky made it harder to get the economy Walden It would block EPA from taking an ac- Gardner Miller, George back on track. That’s why the House Garrett Moore Woodall tion that EPA has no plan to take. Gibson Mulvaney Yoder continues to approve bipartisan legis- This bill is called the ‘‘Farm Dust Green, Gene Olver Young (AK) lation addressing costly EPA rules, and Regulation Prevention Act of 2011.’’ ANSWERED ‘‘PRESENT’’—1 that is why I support this legislation, Well, that’s a misleading title. EPA Amash the Farm Dust Regulation Prevention currently does not regulate farm dust Act. NOT VOTING—26 and they have no plans to regulate This bill achieves two important farm dust. EPA Administrator Jackson Bachmann Gohmert Paul goals: regulatory certainty in the short told Congress that she will propose no Blumenauer Himes Pelosi term and common sense for rural Cassidy Hinchey Polis change to the current air quality Castor (FL) Hoyer Rahall America in the long term. The bill re- standard for coarse particles, which Clyburn Israel Stark tains the current coarse particulate have been in place since the Reagan ad- Davis (IL) Jackson (IL) Walsh (IL) matter standard for 1 year—a position Diaz-Balart Lucas ministration. Waters that Administrator Lisa Jackson from Frank (MA) Myrick Webster This bill belongs in the False Adver- Giffords Nadler EPA has embraced with her plans to tising Hall of Fame. It is not really ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE propose maintaining the standard—and about farms at all. Its real effect is to The SPEAKER pro tempore (during it offers regulatory relief to rural exempt industrial mining operations the vote). There are 2 minutes remain- America by recognizing that States and other large industries from regula- ing. and local communities are better tion under the Clean Air Act. And it equipped to monitor and control farm threatens to overturn the particulate b 1119 dust. EPA would no longer be in the pollution standards that protect fami- So the Journal was approved. business of regulating rural dust except lies in both rural and urban commu- The result of the vote was announced in cases where it is not already regu- nities. as above recorded. lated and the benefits of EPA regula- Section three of the bill exempts so- f tion outweigh the costs. called ‘‘nuisance dust’’ from any regu- Opponents of this bill insist that it’s lation under the Clean Air Act. It then FARM DUST REGULATION not necessary and that rural America defines nuisance dust incredibly broad- PREVENTION ACT OF 2011 has nothing to worry about, but the ly. The definition covers both coarse Mr. UPTON. Mr. Speaker, I ask unan- voices of rural America tell quite a dif- particulates and deadly fine particu- imous consent that all Members may ferent story. Listen to the American lates. It covers particulates from earth have 5 legislative days to revise and ex- Farm Bureau Federation and all of its moving—which means industrial min- tend their remarks on the legislation State affiliates. Listen to the Cattle- ing operations—and from activities and to insert extraneous material on men’s Beef Association and over 185 typically conducted in rural areas, H.R. 1633. other organizations who collectively which include cement plants, smelters, The SPEAKER pro tempore (Mr. represent a significant portion of the coal processing plants, and other indus- PAULSEN). Is there objection to the re- rural economy, including Michigan and trial activities that are common in quest of the gentleman from Michigan? across the country. These organiza- rural areas.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.009 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8275 During the committee markups of house gas standards; engine emission in 2006, to exempt this dust from their this bill, the Republicans amended the standards; national ambient air quality national ambient air quality standards. definition of so-called ‘‘nuisance dust’’ standards for ozone and particulates; And the integrated science assessment three times. This shows how poorly Clean Water Act permitting and other for particulate matter at EPA said, for drafted and broadly worded the defini- requirements; Superfund reporting re- long-term effects of coarse particles, tion really is. But they voted down an quirements; and regulations for disclo- there is next to no evidence in support amendment to clarify that the bill only sure, permitting, and other regulatory of long-term health effects. applies to agricultural dust and an- requirements relating to the use of pes- I would urge all the Members to sup- other amendment to clarify that the ticides. And until recently, the dairy port this legislation, and I reserve the bill does not apply to mining activi- industry faced ambiguity about wheth- balance of my time. ties. They even voted down an amend- er milk and milk containers would be Mr. WAXMAN. Mr. Chairman, I am ment to preserve EPA’s authority to subject to the EPA oil spill prevention pleased to yield 5 minutes to our senior regulate emissions of arsenic from cop- regulations. member on the committee and former per mines and smelters. We have 2.2 million farms in America chairman of our committee, the gen- One supporter of this bill is employing 1.8 million people and pro- tleman from Michigan (Mr. DINGELL). Kennecott Copper, which operates one viding 5 percent of this Nation’s ex- (Mr. DINGELL asked and was given of the largest open pit copper mines in ports. We need to do everything pos- permission to revise and extend his re- the world. The company’s mining ac- sible to make it easy for them to do marks.) tivities are the single largest source of business and still protect the economy. Mr. DINGELL. Mr. Chairman, this is a magnificent solution to a nonexistent particulate pollution in Utah and a big b 1130 reason why the 1 million residents of problem. But it’s made a lot of money Salt Lake County breathe unhealthy Today we’re going to consider H.R. for a lot of lobbyists, and a lot of in- air. This bill would exempt all particu- 1633, the Farm Dust Regulation Pre- dustrial polluters are going to enjoy late matter pollution from the vention Act of 2011. At a time when this, hiding behind the supposed ben- Kennecott mine and all other mines rural economies are struggling, this efit that it’s going to give to the farm- from the entire Clean Air Act. Let’s be bill provides certainty that farmers, ers. honest: The reason industrial mining ranchers, and other rural businesses In a nutshell, this legislation is not operations are pushing this bill has will not be burdened with costly and going to help the farmers; it’s going to nothing to do with protecting family unnecessary new dust regulations from help the people who farm the farmers. farms. Washington, D.C. And the end result is that, when this The bill would also make unenforce- As one might expect, a reasonable nonsensical bill gets over to the courts, able the national air quality standards and commonsense measure like H.R. the courts are going to look at it and for both fine and coarse particulate 1633 has garnered 120 bipartisan cospon- say, Just what, in the name of common pollution. Particulate pollution causes sors. I would like to particularly thank sense, is the House trying to do with aggravated asthma attacks, heart at- and commend the efforts of Represent- this legislation? tacks, respiratory diseases, strokes, ative KRISTI NOEM, as well as Rep- Nowhere in the Clean Air Act is a and premature death. Reductions in resentative LEONARD BOSWELL, Rep- word about nuisance dust, but it’s very particulate pollution under the Clean resentative ROBERT HURT, and Rep- prominently put here in the legisla- Air Act account for some of the largest resentative LARRY KISSELL for their tion. And lo and behold, it also has public health benefits produced by the tireless efforts on behalf of rural Amer- something do, supposedly, with some act. Gutting these standards would be icans and this bill. kind of action that the EPA is sup- radical and devastating. Our bill makes clear that the lead posed to take. But diligent looking at The American people support the role in regulating so-called nuisance the legislation doesn’t reveal what that Clean Air Act. People want clean air. dust rests with State, local, and tribal might be. And over the past 40 years, the Clean governments. And the bill defines nui- The question here, then, is: We have Air Act has brought us dramatic air sance dust to include particulate mat- a solution in search of a problem. quality improvements. But House Re- ter generated primarily from natural We’ve got a job crisis in our Nation, publicans are intent on undoing these sources, unpaved roads, earth moving, crippling debt, excessive deficit, and achievements. In bill after bill, for one and other activities typically con- the gaping inequality between the poor industry after another, the House has ducted in rural areas. and the well-to-do is putting democ- voted to punch holes in the Clean Air In some ways, it’s ludicrous we’re sit- racy at risk. And when this country Act. It has voted for more weather-al- ting here debating about the EPA regu- needs us to focus on serious problems tering carbon pollution, more toxic lating dust. And I might say that we like deficit and national debt, we are mercury pollution, more arsenic and have 197 organizations supporting this here busily scratching around to try lead pollution, more particulate mat- legislation. and fit a solution on a problem that ter pollution, more sulfur dioxide pol- Now, why do we need the bill? Well, doesn’t exist. lution, and more nitrogen oxide pollu- EPA has been considering more costly, The Clean Air Act Amendments of tion. In fact, the House has voted 170 stringent PM10 standards. It is true 1990 were the last major changes to the times to undermine our Nation’s envi- that the EPA Administrator, Lisa original Clean Air Act of 1970; and, un- ronmental laws—over 60 of those votes Jackson, recently announced that she like what we are piddling around with were to dismantle the Clean Air Act. would not propose new regulations, today, those legislations were needed, I urge my colleagues to protect clean that she would retain the current PM10 and they have served us well. The Con- air and the health of all Americans and standards. But the problem with that gress held lengthy hearings and did a oppose H.R. 1633. is, when they finalize a standard, it’s tremendous amount of work to under- I reserve the balance of my time. uncertain whether EPA will finalize a stand what it was. Eighteen months or Mr. WHITFIELD. Mr. Chairman, I standard that imposes greater costs to so of consideration of the legislation yield myself such time as I may con- rural businesses. And we all know that led finally to its enactment, and it has sume. many of the regulations and EPA envi- cleaned up the air for our people. American farmers, ranchers, and ronmental protections today are de- While the amendments of 1990 were other rural businesses, like many other cided by the court system. So even truly bipartisan, only four of the 120 sectors of our economy, have faced an though Lisa Jackson says she’s not sponsors of this legislation are Demo- onslaught of EPA regulations. Now, we going to do anything, lawsuits can be crats. Ten amendments were consid- all support the environment, but our filed requiring her to do certain things. ered in the committee, but only one economy is struggling today, and every So this legislation simply provides cer- Democratic amendment was adopted. regulation adds additional cost. tainty. The final adoption of the legislation The Congressional Research Service I might also say, because the science occurred strictly along partisan lines. recently reported that agriculture has does not support the regulation of It should be clear to anyone that this been facing new Clean Air Act green- coarse rural dust, EPA itself proposed, is not compromise legislation.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.027 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8276 CONGRESSIONAL RECORD — HOUSE December 8, 2011 Supporters insist the legislation is don’t deal with this issue today, it’s on their own. Our organizations request your necessary due to uncertainty regarding going to be right back here 5 years support in keeping jobs in rural America by EPA action. There is no uncertainty from now.’’ passing H.R. 1633. here. The Republican author of a simi- b 1140 As you are aware, farming and other re- lar Senate bill, a former Secretary of source-based industries are dusty profes- I would like to reiterate why this bill Agriculture, takes a different position. sions. From tilling fields, to driving on dirt is necessary. First, farm dust is al- In one of his weekly columns, the Sen- roads, to extracting resources, rural Ameri- ready regulated. It is not a myth. It’s ate sponsor stated, ‘‘I asked only for cans deal with dust every day. Working in very real to all of my constituents. We the soil is where they derive their liveli- clarity from EPA, and this week Ad- heard testimony from farmers in the hoods, and where the world derives much of ministrator Jackson finally provided hearing in committee that they’re cur- its food and other essential resources. If EPA it.’’ It’s obvious to our friends in the rently being regulated as a result of were to revise the dust standard now or in Senate and from the EPA Adminis- the EPA’s standards. Regulation of the future, states would be put in a position trator, herself, that EPA will not im- of having to impose regulatory restraints on farm dust is a problem today and will plement stricter regulations. rural operations, increasing the cost of pro- Even newspapers in the sponsor’s only continue to be a problem into the duction when that cost is already at histori- home State have questioned the logic future if we do not pass this bill. cally high levels. And, for what purpose? Sci- If my colleagues will take the time of this legislation. The Sioux Falls entific studies have never shown rural dust to read the bill, they’ll notice that this Argus Leader wrote that the bill is to be a health concern at ambient levels. bill doesn’t eliminate any regulations. fighting ‘‘against a made-up problem’’ While the undersigned organizations wel- It simply leaves the regulation of rural and that it’s time for the sponsor ‘‘to come EPA’s Oct. 14 announcement that the dust to the States and to the local let the phantom issue of dust regula- agency plans to propose to retain the current communities who best understand how tion settle.’’ coarse particulate matter (PM10) National The Yankton Daily Press and The to manage what is happening in their Ambient Air Quality Standard (NAAQS), the Dakotan gave a ‘‘thumbs down’’ signal own backyard. announcement does not provide the certainty that rural America needs. First, it is on the bill, in which they say it is un- Too often, bureaucrats in Wash- ington, D.C. who have never stepped common for the agency to finalize a rule necessary. The two local papers wish that is different from the proposed rule. In that those who had sponsored this leg- foot on a farm or lived in rural Amer- ica try to impose a one-size-fits-all ap- fact, in 1996 EPA proposed to remove the islation would stop trying to stir the PM10 24-hour standard altogether, only to fear of farmers and ranchers and, in- proach to regulation. Let’s be realistic. Dust in rural bring it back in the final rule. And in 2006, stead, spend time fighting real prob- EPA proposed to exempt agriculture dust, America is not the same as dust in lems rather than those which are imag- but that exemption also disappeared in the urban areas. It’s common sense that inary. final rule. Second, under the Clean Air Act, This bill does not help the farmers dust from a dirt road is much different EPA must review this standard every five and ranchers. It helps the people who than soot from a car; and it’s common years. That means we could be facing the farm the farmers and a fine collection sense that they should be treated dif- same challenges again in just five short of well-to-do lobbyists down on K ferently, which is exactly what this bill years. Street who are profiting mightily on does. Thankfully, this Congress has the oppor- I would ask my colleagues on both selling a nonsensical piece of legisla- tunity to ease this potential burden on rural sides of the aisle to consider this piece America. H.R. 1633 would exempt rural ‘‘nui- tion which wastes the time of Congress of legislation very carefully. Even if sance dust’’ from regulation under the Clean and does nothing for the farmers or the you’re not from a rural area, this is Air Act if states and localities regulate it on ranchers or the economy or the jobs. their own. In the event a state or locality So I hope that the House will reject still an important piece of legislation to all of us who rely on farmers to feed does not regulate rural dust, the adminis- these half-baked bills that are poorly trator could regulate it only if validated sci- written, contain no solutions, deal our families. entific analysis shows there is a significant with no problems, help no one, and You don’t have to take my word for health effect from such dust in a particular that the two parties can sit down and it. I have a letter here that I would like area and that the costs to the local economy find real, important, reasoned com- to submit for the RECORD of over 190 associated with dust regulation would not promises to real problems. different organizations supporting this outweigh any benefits. I urge my colleagues to vote ‘‘no’’ on bill and its passage. Many of these or- H.R. 1633 is common sense legislation that the bill. ganizations are local businesses and ag- the undersigned strongly support. We urge Mr. WHITFIELD. Mr. Chairman, I riculture groups within all of our dis- the Senate to pass this bill to help protect yield 3 minutes to the gentlelady from tricts. They represent thousands and rural American jobs. South Dakota (Mrs. NOEM), who is a thousands of people across the country. Sincerely, strong advocate for rural America and Let’s not forget that we all reap the Agribusiness Association of Indiana; Agri- the creation of jobs in rural America. benefits of the success of our ag pro- business Association of Iowa; Agricultural Mrs. NOEM. I thank the gentleman ducers through safe, nutritious, and af- Council of Arkansas; Agricultural Retailers for yielding. fordable food. Let’s not burden our Association; Agri-Mark, Inc.; Alabama Mr. Chairman, I rise in strong sup- communities with overbearing regula- Cattlemen’s Association; Alabama Pork Pro- port of H.R. 1633 because I coauthored tions. Let’s pass this commonsense leg- ducers Association; All-Terrain Vehicle As- this bill with my friend and colleague sociation; American Farm Bureau Federa- islation and provide farmers, ranchers, tion and their 51 state affiliates; American from Virginia (Mr. HURT), and I did it and local businesses with the certainty Feed Industry Association; American High- to bring certainty, regulatory cer- that they need in an already volatile way Users Alliance; American Motorcyclist tainty to farmers and ranchers across industry. Association; American Seed Trade Associa- this country. Farmers and ranchers I urge all of my colleagues to join me tion; American Sheep Industry Association; have been working on this issue for a in support of rural America and vote American Veal Association; Americans for long time. We look forward to passing ‘‘yes’’ on H.R. 1633. Limited Government; Americans for Pros- perity; Americans for Tax Reform; Arkansas it off the House floor today. DEC. 5, 2011. Cattlemen’s Association; Arkansas Pork It’s not a partisan issue. I introduced Hon. JOHN BOEHNER, Producers Association. this with my colleagues Mr. BOSWELL Speaker, House of Representatives, U.S. Capitol, and Mr. KISSELL, and 121 of my col- Washington, DC. Arkansas Poultry Federation; Arizona Cat- leagues from both sides of the aisle are Hon. NANCY PELOSI, tle Feeders’ Association; Arizona Cattle cosponsors. Minority Leader, House of Representatives, U.S. Growers’ Association; Arizona Cotton Grow- The Clean Air Act has a worthy goal, Capitol, Washington, DC. ers Association; Arizona Pork Council; Cali- but it’s not a perfect law, and it does DEAR SPEAKER BOEHNER AND MINORITY fornia Cattlemen’s Association; California have unintended consequences. My bill LEADER PELOSI: The undersigned organiza- Pork Producers Association; CropLife Amer- ica; Colorado Association of Wheat Growers; would improve the current statute. It tions would like to express our strong support for the Farm Dust Regulation Preven- Colorado Cattlemen’s Association; Colorado also makes permanent what the admin- tion Act of 2011, H.R. 1633. H.R 1633 would Corn Growers Association; Colorado Lamb istrator has said, which is that she did bring some much needed certainty to agri- Council; Colorado Livestock Association; not intend to regulate farm dust. culture and other rural businesses by ex- Colorado Pork Producers Council; Colorado As South Dakota Farm Bureau Presi- empting rural ‘‘nuisance dust’’ from EPA Potato Administrative Committee; Colorado dent Scott VanderWal said, ‘‘If we regulation if states and localities regulate it Sheep & Wool Authority; Colorado Wool

VerDate Mar 15 2010 04:54 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.029 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8277 Growers Association; Council for Citizens tegic Investment Program; Public Lands Additionally, Mr. Chairman, on the Against Government Waste; Dairy Farmers Council. issue of substance, I oppose this bill be- of America; Dairy Producers of New Mexico. Recreational Off-Highway Vehicle Associa- cause it would dramatically weaken Dairy Producers of Utah; Dairylea Cooper- tion; Rocky Mountain Agribusiness Associa- ative; South East Dairy Farmers Associa- tion; Select Milk Producers; Small Business the Clean Air Act by eliminating the tion; Stewards of the Sequoia; Florida & Entrepreneurship Council; South Carolina EPA’s ability to regulate particulate Cattlemen’s Association; Florida Nursery, Cattlemen’s Association; South Carolina matter from a broad range of sources, Growers and Landscape Association; Georgia Pork Board; South Dakota Agri-Business As- as well as jeopardize existing State and Agribusiness Council; Georgia Cattlemen’s sociation; South Dakota Association of Co- Federal regulations that apply to fine Association; Georgia Fruit and Vegetable operatives; South Dakota Cattlemen’s Asso- and coarse particulate matter. Growers Association; Georgia Milk Pro- ciation; South Dakota Dairy Producers; Although the title of this bill sug- ducers; Georgia Pork Producers Association; South Dakota Grain & Feed Association; Georgia Poultry Federation; Georgia Water- gests that it only covers dust from South Dakota Pork Producers Council; farms, this bill creates a whole new melon Association Idaho Cattle Association; South Dakota Soybean Association; South Idaho Dairymen’s Association; Idaho Grain Dakota Stockgrowers Association; South broad, new nonscientific category of Producers Association; Idaho Pork Pro- Dakota Wheat Inc.; Southern Cotton Grow- pollution called ‘‘nuisance dust,’’ ducers Association; Idaho Potato Commis- ers; Southern Crop Production Association; which it would exempt from the Clean sion; Idaho Wool Growers Association; Illi- Southeast Milk Inc.; Southeastern Livestock Air Act completely. Nuisance dust nois Beef Association; Illinois Pork Pro- Network; Specialty Vehicle Institute of would be exempted from the Clean Air ducers Association; Independent Cattlemen’s America. Act totally without any basis and Association of Texas. St. Albans Cooperative Creamery; Ten- science, no scientific evidence whatso- Indiana Beef Cattle Association Indiana nessee Cattlemen’s Association; Tennessee Pork; Iowa Cattlemen’s Association; Iowa Pork Producers Association; Texas Agricul- ever; and in doing so, this bill would do Pork Producers Association; Kansas Live- tural Cooperative Council; Texas and South- harm to the public’s health. stock Association; Kansas Pork Association; western Cattle Raisers Association; Texas The bill would exempt from the Kentucky Cattlemen’s Association; Ken- Association of Dairymen; Texas Cattle Feed- Clean Air Act any particulate matter tucky Pork Producers Association; Let Free- ers Association; Texas Pork Producers Asso- pollution that is emitted from sources dom Ring; Livestock Marketing Association; ciation; The Blue Ribbon Coalition; The Fer- such as open-pit mines, mining proc- Louisiana Cattlemen’s Association; Lou- tilizer Institute; Upstate Niagara Coopera- essing plants, sand and gravel mines, isiana Pork Producers Association; Maine tive; USA Rice Federation; U.S. Beet Sugar Hog Growers Association; Michigan Cattle- smelters, coal mines, coal-processing Association; U.S. Chamber of Commerce; plants, cement kilns, and waste and re- men’s Association; Michigan Pork Producers Utah Cattlemen’s Association; Utah Pork Association; Milk Producers Council; Min- Producers Association. covery facilities. These very facilities nesota Grain and Feed Association; Min- Utah Wool Growers Association; Virginia emit fine particulates, coarse particu- nesota Pork Producers Association; Min- Agribusiness Council; Virginia Cattlemen’s lates, arsenic, lead, mercury, cadmium, nesota State Cattlemen’s Association; Mis- Association; Virginia Grain Producers Asso- zinc, chromium, and other heavy met- sissippi Cattlemen’s Association; Mississippi ciation; Virginia Pork Industry Association; als—all of which would fall under this Pork Producers Association. Virginia Poultry Federation; Washington bill’s broad exemption from the Clean Missouri Cattlemen’s Association; Mis- Cattle Feeders Association; Washington souri Corn Growers Association; Missouri Air Act. Cattlemen’s Association; Washington Pork Mr. Chairman, as the American Lung Pork Producers Association; Missouri Poul- Producers; Western Business Roundtable; try Federation; Montana Pork Producers Western United Dairymen; West Virginia Association noted, under the provisions Council; Montana Stockgrowers Association; Cattlemen’s Association; Wisconsin Dairy of this bill, our country’s most vulner- Montana Wool Growers Association; Na- Business Association; Wisconsin Pork Pro- able populations—poor people, people tional All-Jersey; National Association of ducers; Wyoming Pork Producers; Wyoming who depend on the EPA to protect Manufacturers; National Cattlemen’s Beef Stock Growers Association. them from the harmful effects of Association; National Chicken Council; Na- tional Cotton Council; National Cotton Gin- Mr. WAXMAN. Mr. Chairman, I am coarse particulates will be most af- ners Association; National Council of Fanner pleased to yield 5 minutes to the lead- fected. Cooperatives; National Federation of Inde- ing Democrat on the Energy Com- Children, teens, senior citizens, low- pendent Business; National Grain and Feed mittee, the ranking member, the gen- income people, people with chronic Association; National Livestock Producers tleman from Illinois (Mr. RUSH). lung disease such as asthma, chronic Association; National Meat Association; Na- Mr. RUSH. I want to thank the rank- bronchitis, and emphysema will be es- tional Milk Producers Federation. ing member for his outstanding leader- pecially at risk of being sickened by National Mining Association; National Oil- ship and for yielding time to me. coarse particulates if this bill were to seed Processors; Association National Pork Producers Council; National Potato Council; Mr. Chairman, I oppose this ill-con- become law. National Renderers Association; National ceived, nonsensical, and in all ways Additionally, people with other Stone, Sand, and Gravel Association; Na- awful bill, H.R. 1633, which could have chronic diseases, such as diabetes, car- tional Turkey Federation; Nebraska Cattle- a devastating effect on the EPA’s abil- diovascular disease, high blood pres- men’s Association; Nebraska Grain and Feed ity to enforce the Clean Air Act on the sure, coronary artery disease, and con- Association; Nebraska Pork Producers Coun- basis of both procedural and sub- gestive heart failure, they will all be cil, Inc.; New Hampshire Pork Producers stantive grounds. placed at greater risk if this bill be- Council; New Mexico Cattle Growers’ Asso- Mr. Chairman, the CBO, the Congres- comes law. ciation; New Mexico Farm and Livestock Bu- sional Budget Office, scored this bill reau; New Mexico Federal Lands Council; Mr. Chairman, as I’ve noted before, New Mexico Wool Growers, Inc.; New York and determined that it would cost $10 this bill is a solution in search of a Producers Cooperative, Inc.; North Carolina million in discretionary spending over problem, and it does more harm than Agribusiness Council, Inc.; North Carolina a 5-year period for the EPA to cover good. This bill should fail. I oppose this Cattlemen’s Association; North Carolina the cost of carrying out changes to ex- bill. Forestry Association; North Carolina Horse isting emission control standards, as Mr. WHITFIELD. Mr. Chairman, I Council. well as other activities to study the might say that during the debate on North Carolina Peanut Growers Associa- need and feasibility of modifying the this bill in committee, a lot was made tion North Carolina Pork Council; North Carolina Poultry Federation; North Carolina EPA’s national monitoring network for of mining activities in rural America, Soybean Producers Association, Inc.; North particulate matter, as this bill re- and I would just point out that there Carolina SweetPotato Commission; North quires. are 17 Federal laws that mining oper- Dakota Corn Growers Association; North Da- Since this $10 million is not appro- ations must abide by. So we didn’t feel kota Pork Producers Council; Northeast Ag priated anywhere in this bill, this bill like we needed to provide additional and Feed Alliance; Northeast Dairy Farmers would directly violate the discre- protection in that area. Cooperatives; North Dakota Stockmen’s As- tionary CutGo policy that this major- At this time I would like to yield 3 sociation; Ohio AgriBusiness Association; ity, that my friends on the other side, minutes to the gentleman from Vir- Ohio Cattlemen’s Association; Ohio Pork Producers Council; Oklahoma Cattlemen’s voted for that they put in place at the ginia (Mr. HURT), one of the prime Association; Oklahoma Poultry Federation; beginning of this Congress. sponsors of this legislation and a pro- Oklahoma Pork Council; Oregon Pork Pro- If we pass this bill, it will be the tector of rural America. ducers Association; PennAg Industries Asso- height of hypocrisy for this atrocious Mr. HURT. I thank the gentleman for ciation; Pennsylvania Pork Producers; Stra- bill to get through this House. yielding.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.041 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8278 CONGRESSIONAL RECORD — HOUSE December 8, 2011 I’d first like to thank Chairmen I remain concerned about the uncer- eviscerating every environmental law UPTON and WHITFIELD for this effort tainty of future rulemaking. This bill on the books will not lead to the real and Representative NOEM for her lead- addresses that uncertainty by pro- deaths of thousands of Americans each ership and hard work on this legisla- viding clarity and stability for our job and every year, then it must be so. tion. creators by replacing the current Fed- The Republican lost boys and girls Mr. Chairman, I rise today in strong eral standard for naturally occurring are telling America that the only way support of the Farm Dust Regulation dust in rural America. With unemploy- to revive the jobs fairy is to kill EPA. Prevention Act. This is a bipartisan ment rates nearing 20 percent in some To pretend that the deaths, the cancers bill that I am proud to sponsor, along parts of my district, we simply can’t and other illnesses that the Republican with Representatives NOEM, BOSWELL, afford to perpetuate unnecessary regu- plan will cause are imaginary, or a and KISSELL, in order to provide great- lations and unnecessary uncertainty mere nuisance, really is the stuff of er economic certainty to our rural for the farmers and businesses in our fairy tales. communities in central Virginia and rural communities. Let’s get back to reality and solve south side Virginia and across this I strongly urge my colleagues to sup- real problems in this country. Vote country. port this legislation so that we may as- ‘‘no’’ on this very dangerous bill. Since January, this House has been sure our farmers and businesses that Mr. WHITFIELD. The gentleman laser focused on advancing policies naturally occurring dust will not be from Massachusetts may view this as that will remove the Federal Govern- subject to regulations by an ever-ex- being about Peter Pan and Tinker Bell ment as a barrier to job creation and panding Federal Government. and fairy dust, but we have 197 organi- steer us on a course toward economic Mr. WAXMAN. Mr. Chairman, I am zations representing rural America recovery giving our job creators the op- pleased to yield 5 minutes to the gen- that consider it a real problem. portunity to hire and the confidence to tleman from Massachusetts (Mr. MAR- At this time, I would like to yield 11⁄2 expand. It is with this in mind that we KEY). minutes to the gentleman from West introduced this legislation. Mr. MARKEY. I thank the gentleman Virginia, a member of the Energy and In Virginia’s Fifth District, my dis- for yielding. Commerce Committee, Mr. MCKINLEY. trict, we have a proud heritage in agri- We are now debating on a very real Mr. MCKINLEY. I rise today in sup- culture, manufacturing, Main Street piece of legislation that solves an port of H.R. 1633, the Farm Dust bill. businesses that create jobs and have imaginary problem. The Farm Dust Earlier this year, the House passed created jobs for thousands of Vir- Regulation Prevention Act purports to H.R. 2273, the bipartisan coal ash legis- ginians. As I travel across Virginia’s address the fictitious threat that the lation. Unfortunately, opponents of the rural Fifth District, I am constantly Environmental Protection Agency is Farm Dust bill believe that nuisance reminded by my constituents of how out to destroy the family farm and dust in this bill might include fly ash. government regulations threaten their countless jobs by regulating the dust Therefore, an amendment was offered businesses and their very way of life. emitted by tractors and other farming and adopted to clarify that the defini- This is why the EPA’s national stand- equipment. tion of ‘‘nuisance dust’’ in the Farm ard for fugitive dust is so troubling to Never mind that EPA Administrator Dust bill does not include coal ash or the people that I represent. It is yet Lisa Jackson has committed to leaving other coal combustion residuals. The another example of the vast expansion the 1987 standard for large soot par- amendment makes it perfectly clear of the Federal Government, and it is ticles unchanged; and never mind that that nuisance dust is not composed of yet another example of the uncertainty EPA Assistant Administrator Gina any residuals from coal combustion. that Washington continues to impose McCarthy essentially told the Energy Unfortunately, opponents of the Farm upon our job creators and our rural and Commerce Committee that EPA Dust bill are still, apparently, unaware communities. was about as likely to regulate fairy of the changes that have been made to dust as it was to regulate farm dust. the bill to address their concerns. b 1150 While hiding behind its stated pur- Don’t oppose the Farm Dust bill be- The effects of Federal Government pose of addressing the made-up threat cause you don’t like fly ash. Let’s re- overreach are both very real and very of utter ruin to the family farm, this lieve one more threat to our agricul- tangible in the Fifth District and bill inflicts very real harm. That is be- tural community with the passage of across this country. cause it also blocks EPA from setting this bill. We should be striving to cre- This past year, I spoke with a small standards for the dirty soot that gets ate more jobs, not putting up more bar- business owner in Southside, Virginia, spewed out of massive mines and riers with misinformation. who was warned by a regulator about smelters and refineries and some chem- I urge my colleagues to support this the amount of dust coming from his ical plants. It becomes, in fact, the legislation. property. He was told to take active congressional version of Never Never Mr. WAXMAN. Mr. Chairman, I am measures to decrease the dust coming Land—where the Republicans’ answer pleased to yield 2 minutes to an impor- from the dirt road leading into his saw- to the question ‘‘when can we remove tant member of our committee, the mill. the poisons from the air that we gentleman from Texas (Mr. GREEN). This is the kind of unnecessary regu- breathe?’’ is ‘‘never.’’ (Mr. GENE GREEN of Texas asked lation that prevents businesses and In the play ‘‘Peter Pan,’’ Tinker Bell and was given permission to revise and farmers from focusing on the needs of drinks poison that is intended to kill extend his remarks.) their customers. Where I’m from, dust Peter. She begins to die, but Peter Pan Mr. GENE GREEN of Texas. I rise in is not a nuisance. Rather, it is a nec- implores those in the audience to just opposition to H.R. 1633, the Farm Dust essary byproduct of the hard work the clap their hands if they really do be- Regulation Prevention Act of 2011. farmers and businesses in my rural dis- lieve in fairies, and then maybe, just I just heard it referred to as ‘‘Tinker trict perform every day, and these maybe, Tinker Bell won’t die. All small Bell,’’ but I think this is more like farmers and businesses should not suf- children in the audience then clap so Alice in Wonderland legislation. It fer losses in production because of hard their hands sting, and Tinker Bell seeks to solve a problem that’s not overbearing Federal regulations. These rises magically back to life. there while dancing around a lot of our are the people who are struggling to With this bill, the Republicans are real problems that we have to deal survive, to grow, and to create jobs engaging in the very same sort of fan- with in our country and particularly in during this stalled economic recovery. tasy. If we just believe EPA has this Congress. These are the people who cannot afford launched a war on jobs, then it must be This bill would prohibit the EPA more costly and burdensome regula- so, and we must stop it. If we just be- from proposing, finalizing, imple- tions handed down by Washington. lieve that EPA officials are lying about menting, or enforcing any regulation While I applaud the EPA’s apparent their secret, nonexistent plans to de- revising the National Ambient Air statement that it does not intend to stroy the livelihood of every farmer in Quality Standards applicable to coarse propose a more stringent standard for America, then it must be so, and we particulate matter for 1 year from the coarse particulate matter at this time, must stop it. If we just believe that date of enactment.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.031 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8279 EPA Administrator Lisa Jackson POMPEO), a member of the Energy and This bill is dangerous and its title is committed in an October 14, 2011, letter Commerce Committee. disingenuous. H.R. 1633 is about much that the EPA plans to propose keeping Mr. POMPEO. I thank the chairman more than farm dust. Our colleague the PM10 National Ambient Air Qual- for yielding. Mr. SHIMKUS acknowledged that much ity Standards as they are, with no This is a great day for rural America. in the Energy and Commerce Com- change. These standards have been in H.R. 1633 is going to do what we’ve mittee markup of this bill last week place since 1987. been trying to do for a long time, dur- when he said, ‘‘It is called farm dust, When Gina McCarthy, the Assistant ing my entire 11 months in the United but I am here for my open-pit mines in Administrator for Air and Radiation at States Congress, which is to provide southern Illinois.’’ the EPA, testified before our Energy just a little bit of certainty for those The bill allows major industrial pol- and Power Subcommittee of the full folks who are out there trying to cre- luters to emit unlimited amounts of committee, she also confirmed that ate jobs, trying to create food for particulate matter in violation of the this bill is not necessary since the ad- America, trying to do the things that Clean Air Act. Mines, cement plants, ministrator plans to propose retaining we’ve done in the rural parts of our and coal processing plants could le- the current standards that have been country for so long. gally emit unlimited amounts of dan- in place since 1987. The truth is the other side continues gerous chemicals into the air. For this reason, I did not support to say we are shooting the fairy dust Let’s be clear. The chemicals we are H.R. 1633 when it came up for a vote in and talking about Tinker Bell. I can talking about are incredibly dangerous. our Energy and Commerce Committee, assure you that I’m not amused. I can Arsenic overexposure leads to skin, and I encourage my colleagues to op- assure you that the 500 folks with bladder, liver, and lung cancer. Lead pose it today. I’ve had very public dis- whom I met just 2 weeks ago now at exposure can damage the central nerv- agreements with the EPA on other reg- the Kansas Farm Bureau meeting were ous system, kidney, and blood cells. ulations they are revising, but this bill not amused either. Cadmium exposure leads to severe res- is a solution in search of a problem, piratory damage. Zinc poisoning leads b 1200 and it is not a good use of our congres- to kidney damage. Mercury pollution sional time. Taking up a bill that’s not We understand that the very real results in cognitive deficiencies, espe- necessary hurts our efforts to work risk of Lisa Jackson and the Environ- cially in children. Those pollutants, with the EPA and to revise some of the mental Protection Agency beginning to emitted from a range of nonfarm standards the EPA is setting that are clamp down on farm dust still exists. sources, could fall under the vague def- real problems. That’s why, Mr. Chair- We worked in our committee dili- inition of ‘‘nuisance dust.’’ man, I urge a ‘‘no’’ vote on this bill. gently. There were some valid concerns It seems to me that this is a piece of raised by the folks on the other side, UNITED STATES legislation that is being disguised as ENVIRONMENTAL PROTECTION AGENCY, and we endeavored, Mr. Chairman, at something as innocuous as farm dust, Washington, DC, Oct. 14, 2011. every moment to try and meet those something that, as has been pointed Hon. DEBBIE STABENOW, concerns. We offered amendments. I of- out, has been regulated for a very long U.S. Senate, fered an amendment in the nature of a time. This is an effort to get around Washington, DC. full substitute which tried to address the legislation with a phony name, to DEAR SENATOR STABENOW: Thank you for some of the concerns that the opposi- get around the effectiveness of the En- your inquiry on the status of EPA’s Review tion expressed. of the National Ambient Air Quality Stand- vironmental Protection Agency. And ards (NAAQS) for particulate matter. Partic- The truth is they just want to leave we owe it to our constituents and our ulate matter includes fine particles (known our farmers and our ranchers and our country to promote legislation that as PM2.5) and coarse particles (known as agricultural community at the whim of will stimulate the economy, which our PM10). PM2.5 can come from fossil-fuel com- the EPA. That’s not the place to put environmental bills do, and protect and bustion, including power plants and motor good, hardworking Americans who go promote human health and the envi- vehicles, and wildfires and PM10 can come out there every day trying to do the ronment. from construction and demolition activities, right thing. The whims of the EPA we Our colleagues across the aisle have industrial operations, wildfires, and dust have seen all too often present a real from unpaved roads. It is well established failed in that regard, and I urge a ‘‘no’’ that particulate matter emissions are linked risk, a real risk of job destruction, a vote. to premature death and numerous adverse real risk of higher costs for every con- Mr. WHITFIELD. At this time I health impacts. sumer in America. would like to yield 21⁄2 minutes to the We have been making steady progress in This is a wonderful piece of legisla- gentleman from Nebraska (Mr. TERRY), reducing emissions of particulate matter— tion. It will, for the first time, get the a member of the Energy and Commerce both fine and coarse—in this country for EPA to move their hands away from Committee. more than two decades, improving the public the throats of our farmers and agricul- Mr. TERRY. Mr. Chairman, I am health of Americans while the economy has tural communities, and I would urge continued to grow. amused, humored by the opposition, all It is important that a standard for particu- every one of my colleagues to support hailing from our greatest cities in the late matter be protective of the health of the it. United States, urban areas. public. Based on my consideration of the sci- Mr. WAXMAN. Mr. Chairman, the I would like to read a note that I re- entific record, analysis provided by EPA sci- standard that’s in place has been in ceived from a rancher in Nebraska and entists, and advice from the Clean Air place since 1987 when Reagan was our Nebraska cattlemen representing Science Advisory Council, I am prepared to President. It has not been changed. those who are affected: propose the retention—with no revision—of Suddenly there is a made-up fear that The bill is needed to provide regu- the current PM10 standard and form when it latory certainty to rural areas. We ap- is sent to OMB for interagency review. it’s going to be changed and, therefore, This rulemaking package will also con- we have the legislation that’s before plaud the recent statement from Ad- sider the latest scientific evidence and as- us. ministrator Jackson that EPA does not sessments for PM2.5. Again, thank you for We hear a lot about certainty. If this intend to propose revisions to the cur- the inquiry. It is EPA’s responsibility to pro- bill goes through, the certainty will be rent dust standard. The reality is, how- tect the health of all Americans—rural and that there will be no regulation pf ever, that regulations often change urban—from known pollutants, including many industries because EPA will no from the proposal stage of a rule- particulate matter. Please feel free to con- longer have jurisdiction. The other cer- making to the final. For example, in tact me if you have any questions, or your staff can contact Arvin Ganesan, Associate tainty is that a lot of people are going 1996, EPA proposed to remove the PM10 Administrator for the Office of Congres- to get very sick from some dangerous 24-hour standard altogether, only to sional and Intergovernmental Relations at pollutants. bring it back in the final rule. And in (202) 564–4741. At this time I wish to yield 2 minutes 2006, EPA proposed to exempt agri- Sincerely, to the gentlelady from Illinois (Ms. culture dust, but that exemption also LISA P. JACKSON. SCHAKOWSKY). disappeared in the final rule. Second, Mr. WHITFIELD. I yield 2 minutes to Ms. SCHAKOWSKY. I thank the gen- under the Clean Air Act, EPA must re- the gentleman from Kansas (Mr. tleman for yielding. view this standard every 5 years. That

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.037 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8280 CONGRESSIONAL RECORD — HOUSE December 8, 2011 means we could face the same chal- need more government regulations. ‘‘The administration strongly op- lenges again in just 5 short years. Also, More regulations strangle the private poses H.R. 1633. As drafted, this bill citizen lawsuits could be brought that sector and create more economic prob- would create serious problems for im- could result in a court deciding farm lems, and especially right now we don’t plementing Clean Air Act public health dust should be regulated. H.R. 1633 is need more regulations. protections that have been in place for the only way to provide regulatory cer- The Obama administration continues years while adding uncertainty for tainty to farmers, ranchers, and rural to circumvent Congress to go around businesses and States. The bill, there- residents. us by passing more regulations, and fore, goes far beyond its stated intent Nuisance dust occurs naturally in the economy can’t stand it. We need to of prohibiting the EPA from tightening rural areas. The type of ‘‘nuisance stop more regulations. Even the threat, national standards for coarse particles, dust’’ that this bill would exempt from even the threat of more regulations which the administration has repeat- Federal regulation occurs naturally in must be stopped. edly explained that it has no intention rural areas, especially in arid and I mean, farm dust? Farm dust? Give of doing.’’ windy areas of the Plains and western me a break. We can’t give these bu- It goes on to say: ‘‘This ambiguously States. This dust does not stay in the reaucrats more authority. We don’t written bill would create high levels of air but falls out quickly. Rural fugitive need to give this administration or the regulatory uncertainty regarding emis- dust travels only a short distance from bureaucracy more control over the sion control requirements that have emission point. It settles out of the air lives of Americans. been in place for years. Specifically, quickly because of its size, making Mr. WAXMAN. Mr. Chairman, I con- the bill’s exclusion from the entire dust a localized issue. In fact, accord- tinue to reserve the balance of my CAA of a new class of air pollutants ing to a study done by Hoffnagle, rural time. called ‘nuisance dust,’ an imprecise and dust will fall out of the air within a Mr. WHITFIELD. I yield 2 minutes to scientifically undefined term, could be thousand meters of its source. the gentleman from Illinois (Mr. MAN- used to roll back existing public health This is not fairy dust or fables or ZULLO). protection limiting pollution from tales to our folks in rural America; Mr. MANZULLO. Mr. Chairman, I mining operations, industrial activi- this is real and they want certainty. often hear complaints from farmers ties, and possibly other sources. Mr. WAXMAN. Mr. Chairman, I re- back home about the numerous regu- ‘‘The bill also raises serious issues serve the balance of my time. latory burdens placed on them by the about whether the EPA could continue Mr. WHITFIELD. I yield 11⁄2 minutes government. In fact, this whole past to implement the existing health-based to the gentleman from Arizona (Mr. summer we worked with the farmers fine and coarse particle programs, GOSAR). who have been in a real brouhaha with which play a vital, ongoing role in pre- Mr. GOSAR. Mr. Chairman, I rise the EPA concerning the runoff from venting adverse health effects of air today in support of the Farm Dust Reg- their stockyards, and even small ones pollution, including premature deaths, ulation Prevention Act brought today at that. childhood asthma attacks, and other by my friend and colleague, Congress- b 1210 respiratory problems.’’ woman KRISTI NOEM. The CHAIR. The time of the gen- This good piece of legislation is a These are life-threatening types of tleman has expired. commonsense solution to a bureau- regulations to continuing their farm- Mr. WAXMAN. I yield the gentleman cratic problem that is causing concern ing. And now we come up with another an additional 30 seconds. among many Arizonans. It’s almost one, this one on dust. Mr. RUSH. I thank the gentleman for unfathomable to think that this legis- EPA is in the process of reviewing its yielding. lation is necessary to protect Arizona dust standards. In 2009, EPA said farm ‘‘This administration remains com- against Federal bureaucrats who want dust ‘‘likely is not safe’’ and could cut mitted to commonsense approaches to to regulate dust, but here we are. the allowable dust levels in half. Be- improving air quality across the coun- That’s exactly what the EPA is doing cause of the furor this has created, the try and preserving the competitiveness with its overreaching policies, holding EPA said last October they would not of every economic sector. Because H.R. individuals and businesses accountable regulate farm dust. First they said 1633 is not only unnecessary, but also for naturally occurring dust particles. they would regulate it; now they said could have significant adverse public I stand here today to raise my voice they won’t regulate it. So to codify health consequences, the administra- against the unreasonable Federal regu- this understanding or these contradic- tion strongly opposes this bill. lations which would allow simple tory statements by the EPA, I’m sure ‘‘If H.R. 1633 were presented to the haboobs, dust clouds, and wind storms that all of my colleagues will have no President, his senior advisers would to pose an economic threat to the eco- problem in voting for this bill. recommend that he veto this bill.’’ nomic livelihood of farmers in and H.R. 1633 will prevent the EPA from Why are we wasting our time on this around my district. imposing new Federal regulations on nuisance which is nonsense? It is important to also note that this naturally-occurring dust in rural Mr. WHITFIELD. Mr. Chairman, I bill covers dust which has been found America. It will allow States and local- yield 2 minutes to the gentleman from to have no adverse human health ef- ities to regulate farm dust as they see Texas (Mr. FARENTHOLD). fects. fit based on sound science. Farmers in Mr. FARENTHOLD. Thank you very Also notable among this bill’s many Illinois already struggle to comply much. supporters are the Arizona Farm Bu- with current standards. If Washington I rise today in disgust with the dust. reau Federation, the Arizona Cattle imposes another one-size-fits-all solu- The regulations the Environmental Feeders’ Association, the Arizona Cat- tion to farm dust, this could mean even Protection Agency are proposing to tle Growers’ Association, the Arizona more unemployment in rural areas regulate, coarse particulate matter, Cotton Growers Association, and the throughout Illinois and the Nation. what you and I know as dust, is ridicu- National Cattlemen’s Association. I urge my colleagues to support H.R. lous. It’s indicative of what is wrong in Again, I support this legislation and 1633. Washington, D.C. with the regulatory encourage you to pass this good bill Mr. WAXMAN. Mr. Chairman, I yield framework that has gone wild. This today. 2 minutes to the gentleman from Illi- just defies common sense. You cannot Mr. WAXMAN. I continue to reserve nois (Mr. RUSH). farm without kicking up dust. the balance of my time. Mr. RUSH. I want to thank the rank- I was raised on the farms and ranches Mr. WHITFIELD. Mr. Chairman, I ing member for yielding. in south Texas. As we drive to tend the yield 2 minutes to the gentleman from Mr. Chairman, I want to share with cattle herds, till the fields, or check Indiana (Mr. BURTON). the Members of this body the adminis- out what’s going on, there’s no way to Mr. BURTON of Indiana. I thank the tration’s position on this particular do it without dust. This opens the door gentleman for yielding. bill that is under discussion right now. to massive regulations. First we start With the economy the way it is, with This is a Statement of Administration with the farmer. Where’s the EPA unemployment very high, we don’t Policy: going to be next, checking under my

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.036 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8281 bed for dust bunnies, putting on a years the EPA is required by the Clean The Farm Dust Regulation Prevention Act is white glove, running their fingers Air Act to look at this. the 35th jobs bill produced by the House Re- across the top of my doors, or making b 1220 publican Plan for America’s Job Creators to sure my car is adequately washed? restore the freedom and confidence our pri- The EPA’s regulation on this is the We know there are going to be fur- vate sector needs to grow again. height of government overreach, the ther lawsuits. And so that’s why we After today, with this bill, there will be 27 height of a waste of time, the height of think it’s absolutely mandatory that House-passed bipartisan jobs bills stacked like a waste of money, and a perfect exam- Congress assert itself and set out the cordwood on the doorstep of the Democrat- ple of what is wrong with Washington. policy that we do not want EPA regu- controlled Senate. We’ve got to stop this type of crazy lating the dust on farms and ranches in As America weathers through the Obama government regulation so we can get America. Economy and the worst jobs climate since the people back to work, we can get jobs on I might also add that in the letter we Great Depression, I urge my colleagues to track, and we can keep our farmers received from the board of supervisors support our nation’s farmers and ranchers and feeding our country and the world. of the county of Imperial in Arizona, pass this jobs bill. Mr. WAXMAN. Mr. Chairman, I yield they said the original rule that EPA Mr. PENCE. Mr. Chair, I rise as a cospon- myself such time as I may consume. had covered farms of 40 acres or more, sor and strong supporter of the Farm Dust The unemployment rate in this coun- which is 97 percent of all farmland in Regulation Prevention Act (H.R. 1633). I want try is close to 9 percent, and we’re not the Valley. EPA is now insisting that to express my appreciation to the gentlelady doing anything about that problem. that be changed to all farms of 10 acres from South Dakota, Congresswoman NOEM, The deficit is a real threat to our econ- or more. And for what purpose? It for her strong leadership on this issue. As a omy, and the Republicans nearly made seems clear that there’s absolutely no family farmer and sponsor of this legislation, us default on our debts because they justification for imposing requirements Congresswoman NOEM is keenly aware of the wouldn’t go along with a real deficit that would have a negative impact on devastating effects Environmental Protection reduction bill. We are looking at se- the economy and the employment in Agency regulations can have on our Nation’s questrations of our national budget for Imperial County when the rules and farmers. the military, and our Secretary of De- controls would not change the ability For those who are unfamiliar with farm dust, fense says that could be a threat to the of the county to meet the standards on it is quite simply the everyday dirt and dust Nation. And that sequestration will the few high particulate matter days present in rural America on fields and country take place because the Republicans that are caused by exceptional events. roads. It occurs naturally from dry weather or wouldn’t allow the so-called supercom- So, in closing, I would simply say we wind blowing across wide open spaces. Or it mittee to do its job. view this as a real problem. Congress can be caused by the act of farming—tilling-up I want to read from an editorial in needs to assert itself and set a defini- the land or harvesting crops. If you come from the Sioux Falls ArgusLeader: tive policy on this issue. I would urge rural areas like my home district in Eastern In- ‘‘There are important issues at the all Members to support this legislation. diana, you know that farm dust is a part of Federal level right now that will have I yield back the balance of my time. daily life, and if you make a living on a farm, direct impact on our State—the dwin- Mr. HENSARLING. Mr. Chair, I am proud to you probably have never even given farm dust dling funding for the Lewis and Clark support yet another jobs bill put forth by a second thought. But, the EPA, despite the water project and the fight to maintain House Republicans to empower small busi- fact that rural farm dust has not been shown our State’s Medicare reimbursements ness owners and eliminate burdensome to pose a significant health concern, has done through the Frontier States Provision Washington regulations that prevent job cre- nothing to clarify the difference between rural . . . These are real issues . . . So it’s ation and hinder economic growth. This bill farm dust and harmful pollutants that are common in urban areas. This legislation differen- disappointing to see [this] fight against prevents the EPA from issuing new dust regu- tiates farm dust from these harmful air pollut- a made-up problem like the potential lations. Additionally, it gives states the flexi- ants and gives family farms the certainty of for farm dust regulations by the Envi- bility to address any rural dust issues rather knowing the federal government will not regu- ronmental Protection Agency. than the federal government. late their windblown soil. When the EPA announced it would During this debate we have heard a lot Mr. Chair, the EPA needs to leave farmers not pursue anything along these lines about the need to protect our air quality and alone and let them get about the business of the need to ensure clean air for future genera- and they had no intention to do it, the farming. The Farm Dust Regulation Prevention tions. As the grandson of a farmer, I know the Senate sponsor of this same bill de- Act will go a long way in securing the long- value and importance agriculture producers clared victory and he pulled back on term stability of family farms and rural busi- his companion bill for the other body. place on protecting the soil and water they nesses. It would limit the EPA’s regulation of The Republicans ought to declare vic- use to grow quality food to feed the country. this naturally occurring dust by giving state tory and allow us to deal with the real I would argue there are no greater stewards of and local governments the ability to address problems in this country, not this the land than farmers, and that additional rules the issue, and it would delay any new National made-up threat that they want to help on these hard-working Americans to regulate Ambient Air Quality Standards issued by the protect us from. I urge Members to rural dust are not only unnecessary, they can EPA for one year. vote against this bill.’’ be detrimental. In this difficult economy, family farms must I reserve the balance of my time. In this time of record unemployment, Wash- be protected from burdensome, costly federal Mr. WHITFIELD. Mr. Chairman, I ington should be on the side of job creators redtape. The EPA has no business regulating have been told that we have no further and family farmers, not on their backs. We the dirt kicked-up on the farms and back roads speakers; so if the gentleman from should support smart regulations that instill of rural Indiana, and I urge my colleagues to California would like to close, then I confidence in job creators, not abusive red support this commonsense legislation. would follow him. tape that only leads to closed farms and Mr. DEFAZIO. Mr. Chair, today, my Repub- Mr. WAXMAN. I yield back the bal- longer unemployment lines. lican colleagues missed an opportunity to pass ance of my time. You don’t have to take my word for it targeted, nonpartisan legislation to protect Mr. WHITFIELD. Mr. Chairman, we though. Just listen to some of my constituents: farmers and small businesses from unneces- certainly do appreciate this discussion Mr. Cummins of Canton writes, ‘‘Their pro- sary federal regulation. on this important bill. I can tell you posed regulations on milk spills or dust . . . There is widespread and bipartisan agree- that rural America does consider this would create undue hardships and be eco- ment that ‘‘farm dust,’’ dust produced during to be a real problem. The gentleman nomically unfeasible to attain.’’ activities on farms and ranches, should not be from California mentioned, correctly Mr. Johnson of Mineola writes, ‘‘I feel like regulated by the Environmental Protection so, that we’re operating under 1987 par- the government is passing a law, regulation, Agency (EPA) under the Clean Air Act. The ticulate matter standards. In 1997 and unfunded mandate at the drop of a hat these EPA doesn’t want to regulate it. And Members in 2006, the EPA went back to review days. [. . .] farmers controlling dust, dairy of Congress do not want the EPA to regulate that standard. They made a determina- farmers documenting and controlling milk it, myself included. tion at that time that they would not spills, telling me what kind of light bulb to buy But instead of writing legislation to codify a take further action, but they were . . . what kind of health care I must have, it simple ban on regulating farm dust—legisla- sued. Litigation ensued, and every 5 is just never ending these days.’’ tion that would have won my support and the

VerDate Mar 15 2010 04:54 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K08DE7.038 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8282 CONGRESSIONAL RECORD — HOUSE December 8, 2011 support of most of my Democratic col- I have traveled the rural parts of my district ent air quality standard or the national sec- leagues—the Majority wrote a bill creating and I have farmed my own fields. I know that ondary ambient air quality standard applicable major loopholes in the Clean Air Act that when I’m harvesting my crops in the combine to particulate matter with an aerodynamic di- would have significant consequences for pub- ameter greater than 2.5 micrometers under sec- that I’m going to stir up some dust. Whether tion 109 of the Clean Air Act (42 U.S.C. 7409). lic health and the environment. I am planting, tiling, or transferring crop to the H.R. 1633 imposes a blanket, one-year mor- SEC. 3. NUISANCE DUST. grain bin, I cannot control the fact that there Part A of title I of the Clean Air Act (42 atorium on any regulation updating the na- will be dust. U.S.C. 7401 et seq.) is amended by adding at the tional ambient air quality standards applicable A one size fits all approach to regulating end the following: to all coarse particulate matter, which in- particulate matter, does not take into consider- ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRI- cludes: fly ash, diesel soot, asbestos, arsenic, ation that there are many sources of dust. MARILY BY STATE, TRIBAL, AND lead, mercury, and heavy metals. This legislation allows the flexibility for our LOCAL GOVERNMENTS. None of these harmful toxins are defined as states and municipalities to manage dust in ‘‘(a) IN GENERAL.—Except as provided in sub- farm dust. Yet, this far-reaching bill would pro- rural areas, so that local residents and work- section (b), this Act does not apply to, and ref- hibit EPA from protecting American families erences in this Act to particulate matter are ers can determine which types may be harm- deemed to exclude, nuisance dust. from these harmful toxins for at least a year. ful, and what is simply the result of hard- H.R. 1633 would also exempt major indus- ‘‘(b) EXCEPTION.—Subsection (a) does not working Americans of doing their jobs. apply with respect to any geographic area in trial activities, including open-pit mining and Our farmers, ranchers, and rural business which nuisance dust is not regulated under aluminum smelters, from EPA’s review. Again, leaders are facing the same economic uncer- State, tribal, or local law insofar as the Admin- arsenic, beryllium, cadmium, nickel, and mer- tainties as the rest of the country and they istrator finds that— cury—all particulates emitted from mines and cannot afford additional, costly regulations on ‘‘(1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public industrial activities—would be exempt from dust. federal oversight, even though they have noth- health and welfare effects at ambient concentra- Particularly, those producers who are in tions; and ing to do with ‘‘farm dust.’’ areas where natural disasters have created The Environmental Protection Agency (EPA) ‘‘(2) the benefits of applying standards and new challenges for tilling soil that has been other requirements of this Act to nuisance dust does not regulate farm dust. The EPA has no harmed by drought, fire and flood. For these (or such subcategory of nuisance dust) outweigh plans to start regulating farm dust. And, if the individuals, many of the challenges remain un- the costs (including local and regional economic EPA ever proposed regulations for farm dust, known. Additional regulations will only in- and employment impacts) of applying such I would vociferously oppose them and sponsor crease their burdens and limit their ability to standards and other requirements to nuisance legislation to prevent their implementation. dust (or such subcategory). But that’s not the bill before the House return to their job and contribute to the econ- ‘‘(c) DEFINITION.—In this section— today. The bill before the House today is a omy of rural America. ‘‘(1) the term ‘nuisance dust’ means particu- distraction from the most pressing issue facing I know that Administrator Jackson has stat- late matter that— our country and economy: jobs, jobs, and ed that the agency plans to maintain current ‘‘(A) is generated primarily from natural standards. I thank her for that. I appreciate her sources, unpaved roads, agricultural activities, jobs. earth moving, or other activities typically con- Mr. Chair, I support a ban on regulating intention to work with Congress and our farmers and ranchers. ducted in rural areas; farm dust. That’s common sense. But I do not ‘‘(B) consists primarily of soil, other natural support creating Clean Air Act loopholes for However, her statement alone does not pro- or biological materials, or some combination big industry under the guise of helping small tect the farm operations across our nation and thereof; farmers and businesses. I am voting no on it does not prevent this body from legislating ‘‘(C) is not emitted directly into the ambient H.R. 1633. on behalf of our producers. air from combustion, such as exhaust from com- Mr. VAN HOLLEN. Mr. Chair, farm dust is This legislation provides the protections bustion engines and emissions from stationary not regulated by the EPA, and EPA Adminis- needed for rural Americans to continue to do combustion processes; and trator Jackson has clearly stated that the EPA their day to day work without the threat of new ‘‘(D) is not comprised of residuals from the combustion of coal; and has no plans to regulate farm dust in the fu- regulation interfering with their mission to grow ‘‘(2) the term ‘nuisance dust’ does not include ture—which makes the Farm Dust Regulation safe, plentiful, and affordable food for our na- radioactive particulate matter produced from Prevention Act a solution in search of a prob- tion. uranium mining or processing.’’. lem. We all have a vested interest to ensure that The CHAIR. No amendment to the Unfortunately, today’s legislation is more farmers and ranchers can provide for their committee amendment in the nature of than just a mere waste of time. Under the families and all Americans. a substitute shall be in order except guise of protecting farmers from non-existent I encourage my colleagues to support his those printed in House Report 112–317. regulation, H.R. 1633 would define and then legislation Each such amendment may be offered exempt a completely new category of particle The CHAIR. All time for general de- only in the order printed in the report, pollution from the entire Clean Air Act, except bate has expired. by a Member designated in the report, under very narrow circumstances. This new Pursuant to the rule, the amendment shall be considered read, shall be de- exempt category of particle pollution would in- in the nature of a substitute rec- batable for the time specified in the re- clude both coarse and fine particles from ommended by the Committee on En- port equally divided and controlled by sources that have nothing to do with farming— ergy and Commerce, printed in the bill, the proponent and an opponent, shall including particulate matter from mining and shall be considered as an original bill not be subject to amendment, and shall other industrial operations like smelters, ce- for the purpose of amendment under not be subject to a demand for division ment kilns and coal-processing facilities. the 5-minute rule and shall be consid- of the question. Whether this consequence is intended or sim- ered read. AMENDMENT NO. 1 OFFERED BY MR. RUSH ply the result of sloppy drafting, this legislation The text of the committee amend- should be roundly rejected. ment in the nature of a substitute is as The CHAIR. It is now in order to con- Mr. Chair, with barely a week left on this follows: sider amendment No. 1 printed in year’s congressional calendar, we simply don’t House Report 112–317. H.R. 1633 Mr. RUSH. Mr. Chairman, I have an have the time to waste on imaginary prob- Be it enacted by the Senate and House of Rep- lems. The challenges our constituents face are amendment at the desk. resentatives of the United States of America in The CHAIR. The Clerk will designate real, and the hour is late. We need to focus Congress assembled, the amendment. on growing the economy, reducing our debt SECTION 1. SHORT TITLE. The text of the amendment is as fol- and getting people back to work before we ad- This Act may be cited as the ‘‘Farm Dust Reg- journ for the year. ulation Prevention Act of 2011’’. lows: Mr. BOSWELL. Mr. Chair, I rise in support SEC. 2. TEMPORARY PROHIBITION AGAINST RE- In section 2, strike ‘‘applicable to particu- of H.R. 1633, the Farm Dust Regulation Pre- VISING ANY NATIONAL AMBIENT AIR late matter with an aerodynamic diameter vention Act. QUALITY STANDARD APPLICABLE TO greater than 2.5 micrometers’’ and insert COARSE PARTICULATE MATTER. ‘‘for PM10’’. As a farmer, and an original cosponsor of Before the date that is one year after the date At the end of section 2, add the following: this legislation, I appreciate the opportunity to of the enactment of this Act, the Administrator ‘‘Nothing in this Act precludes the Adminis- this discuss this bill and speak in support of its of the Environmental Protection Agency may trator from proposing, finalizing, imple- common sense approach to rural dust regula- not propose, finalize, implement, or enforce any menting, or enforcing the national primary tions. regulation revising the national primary ambi- ambient air quality standard or the national

VerDate Mar 15 2010 04:54 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.043 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8283 secondary ambient air quality standard for rural farmers while also protecting our and delay implementation of vital pub- PM2.5.’’. Nation’s most vulnerable population, lic health protections against toxic Strike section 3. including our children, our senior citi- particles. The CHAIR. Pursuant to House Reso- zens, people with low incomes, and peo- The adverse health effects of particu- lution 487, the gentleman from Illinois ple with chronic lung disease such as late matter are serious and have been (Mr. RUSH) and a Member opposed each asthma, chronic bronchitis, and em- well documented. Thousands of studies will control 5 minutes. physema. published over the last 9 years make a The Chair recognizes the gentleman I urge all my colleagues to support much stronger case for the regulation from Illinois. my amendment. of fine particles and indicate that the Mr. RUSH. Mr. Chairman, if the With that, I yield back the balance of current standards must be revisited in premise of this bill is to simply provide my time. order to ensure the public health is regulatory certainty to rural farmers Mr. WHITFIELD. Mr. Chairman, I protected. and reiterate what Administrator claim time in opposition. The major health effects of fine par- Jackson has already publicly stated— The CHAIR. The gentleman from ticulate matter include reduced lung that EPA would not alter the Bush-era Kentucky is recognized for 5 minutes. function, cough, wheezing, missed standards for coarse particulate mat- Mr. WHITFIELD. While I have a school days due to respiratory symp- ter—then the Rush amendment would great deal of respect and admiration toms, increased use of asthma medica- satisfy that objective. for the gentleman from Illinois, I am tion, strokes, emergency room visits, During the subcommittee hearing on going to oppose this amendment. H.R. 1633, we heard testimony from the hospital admissions, lung cancer, and I would say, first of all, that this leg- premature death—at levels well below bill’s sponsor that the intent of this islation does not change in any way legislation was to address the regu- the current national air quality stand- the current EPA standard relating to ards. latory uncertainty over ‘‘farm dust.’’ particulate matter on coarse materials. However, during that same hearing, we This bill, H.R. 1633, eliminates EPA’s His amendment would strike the provi- authority to control so-called ‘‘nui- heard testimony from the Assistant sion in the bill addressing nuisance Administrator of the Office of Air and sance dust’’ except in a very narrow set dust, keeping only that which prohibits Radiation, Gina McCarthy, where she of circumstances. a change to the existing PM10 standard expressed a serious concern over the First, the Administrator must find for 1 year, which we agree with. But be- ambiguous language in the bill and the that nuisance dust causes substantial cause it strikes section 3, which is the overly broad impact it could have on adverse public health and welfare ef- main part and the substantive part of existing Clean Air Act programs. fects. Mr. Chairman, the Rush amendment this bill because it would eliminate our Second, even if the Administrator de- would remove the ambiguity and pro- nuisance dust definition, I would re- termines that nuisance dust causes vide clarity to the bill’s intent so that spectfully oppose the amendment and substantial harm, she must also find we can keep in place standards to pro- urge all Members to vote ‘‘no’’ on the that the benefits of regulating nui- tect our Nation’s most vulnerable pop- amendment. sance dust outweigh the cost, including ulations. At the end of section 2, my I yield back the balance of my time. impacts on employment. This approach The CHAIR. The question is on the amendment would add the following: upends the way EPA has been setting ‘‘Nothing in this Act precludes the Ad- amendment offered by the gentleman health-based air pollution standards ministrator from proposing, finalizing, from Illinois (Mr. RUSH). for 40 years. The question was taken; and the implementing, or enforcing the na- The Clean Air Act requires EPA to Chair announced that the noes ap- tional primary ambient air quality set each air quality standard based peared to have it. standard or the national secondary air purely on science and medical evidence Mr. RUSH. Mr. Chairman, I demand a quality standard for PM2.5.’’ Addition- showing the health effects of exposure recorded vote. ally, because there is such widespread to the pollutant. The standard basi- The CHAIR. Pursuant to clause 6 of suspicion that the real intent of this cally identifies the level of pollution rule XVIII, further proceedings on the bill is to roll back existing Clean Air that is safe to breathe. The Clean Air amendment offered by the gentleman Act protections, my amendment would Act also requires EPA to set the stand- from Illinois will be postponed. strike section 3 altogether, which con- ard with an adequate margin of safety tains the most overly ambiguous and AMENDMENT NO. 2 OFFERED BY MRS. to account for uncertainty and protect CHRISTENSEN excessively broad provisions of the bill. sensitive subpopulations, such as chil- In section 3, the bill’s exclusion for The CHAIR. It is now in order to con- dren with asthma. Essentially, this bill particulate matter from combustion sider amendment No. 2 printed in would require EPA to determine the would not exclude particulate pollution House Report 112–317. level of air pollution that is safe to Mrs. CHRISTENSEN. I have an from sources such as open-pit mines, breathe based on the costs of control, mining processing plants, sand and amendment at the desk. not the medical evidence. The CHAIR. The Clerk will designate gravel mines, smelters, coal mines, Third, under this bill, the Adminis- the amendment. coal-processing plants, cement kilns, trator only has this limited authority The text of the amendment is as fol- and waste and recovery facilities. in areas where State, local or tribal Mrs. McCarthy raised serious con- lows: governments are not regulating nui- cerns about the effect of this bill on ex- In section 132(b) of the Clean Air Act, as sance dust. But the bill provides no isting health-based standards due to proposed to be added by section 3 of the bill, minimum standard of protection, no after ‘‘is not regulated under State, tribal, or the fact that the term ‘‘nuisance dust’’ local law’’ insert ‘‘at a level requisite to pro- Federal floor. That means that even is not a scientifically-defined term, and tect public health (as determined by the Ad- the most minimal State or local re- it would be very difficult to incor- ministrator),’’. quirement is sufficient to bar EPA ac- porate into a scientifically-based pro- The CHAIR. Pursuant to House Reso- tion on anything that falls under the gram. As Mrs. McCarthy noted, lution 487, the gentlewoman from the definition of nuisance dust. It is absurd, Mr. Chairman, to claim ‘‘Coarse particles have been linked to a Virgin Islands (Mrs. CHRISTENSEN) and variety of adverse health effects, in- a Member opposed each will control 5 that any State or local dust regulation, cluding hospitals visits related to car- minutes. no matter how minimal, would be suffi- diovascular and respiratory disease, The Chair recognizes the gentle- cient to protect the public health. We and premature death. While the body of woman from the Virgin Islands. tried to address air pollution only on scientific evidence is much more lim- the State and local level throughout ited for coarse PM than for fine par- b 1230 the 1960s. It did not work. Companies ticles, the agency’s review of the stud- Mrs. CHRISTENSEN. Mr. Chairman, blocked cleaner air protections by ies indicate that short-term exposures I yield myself such time as I may con- threatening to leave for other States to coarse particles remain a concern.’’ sume. with weaker standards. Mr. Chairman, the Rush amendment This bill stands as an effort to dra- This widely acknowledged failure would provide regulatory certainty to matically weaken the Clean Air Act produced overwhelming support for the

VerDate Mar 15 2010 05:08 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.013 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8284 CONGRESSIONAL RECORD — HOUSE December 8, 2011 cooperative federalism approach em- clear that agricultural dust and dust In section 132(b) of the Clean Air Act, as bodied in the Clean Air Act since 1970. coming off of roads is absolutely within proposed to be added by section 3 of the bill, Under this approach, the Federal Gov- the larger view of these standards. after ‘‘insofar as the Administrator’’ insert ernment sets minimum uniform stand- That’s what our farmers know. ‘‘, in consultation with the Secretary of Ag- riculture,’’. ards to protect health, and States and But most of all, they know their ex- localities then decide how to achieve perience. They know what they have The CHAIR. Pursuant to House Reso- those standards. endured over the years—over the dec- lution 487, the gentleman from Arkan- Since 1970, every American has had ades—of what comes out of Washington sas (Mr. CRAWFORD) and a Member op- the same basic right to clean and and how it affects their everyday life. posed each will control 5 minutes. healthy air. My amendment simply If you look at their track record, you The Chair recognizes the gentleman preserves those rights. It ensures that can only see why there is uncertainty from Arkansas. the residents of every State and local- and why they believe this is a very, Mr. CRAWFORD. Mr. Chairman, my ity are afforded a baseline level of pro- very real threat. amendment is very straightforward, tection against particle pollution. My I am proud to be able to travel across and I believe it will help provide the amendment says that if the State, my rural district in south side Virginia proper amount of interagency commu- local, or tribal laws are not sufficient and central Virginia and talk to farm- nication with the EPA when they go to to protect public health from exposure ers. In August, I sat down with a group write air quality standards for particu- to dangerous particle pollution, then of farmers in Nelson and Albemarle late matter. EPA has the authority under the Clean Counties. One of the farmers that was The legislation being considered Air Act to step in and take action to there is a peach farmer, a fruit grower. today excludes nuisance dust from the reduce that pollution. He said to me, Mr. HURT, on my farm, EPA regulatory net, but the bill pro- This bill tries to turn back the clock where my family has been for genera- vides an exemption if the EPA deter- to a time when State and local air pol- tions growing peaches for our cus- mines that the economic benefits of lution laws weren’t strong enough to tomers, I’m regulated by the Depart- regulating dust outweigh the cost. My protect public health. Those who are ment of Labor, the Department of Ag- amendment would simply direct the ignorant of history are doomed to re- riculture, the FDA, the IRS, the De- EPA to consult with the Department of peat it. Let’s learn our history and rec- partment of Transportation, the Corps Agriculture in making this determina- ognize that both States and the Fed- of Engineers, the EPA—and the list tion. eral Government play valuable roles in goes on when you add the State and As a member of the Ag Committee, ensuring that Americans breathe clean local regulators. He said, I’m regulated I’ve heard testimony from both the and healthy air. by all those different agencies, most of Secretary of Agriculture and the EPA I urge my colleagues to support my them Federal agencies; and all I’m try- Administrator on how their respective amendment, and I reserve the balance ing to do is grow a peach. How hard can agencies propose and write regulations. of my time. it be? A problem that became apparent to me Mr. HURT. Mr. Chairman, I claim And I think when you look at the is that the two agencies don’t even time in opposition. commonsense purpose of this bill, you seem to communicate. Neither agency The CHAIR. The gentleman from Vir- will see that this amendment would could give me a sufficient explanation ginia is recognized for 5 minutes. gut it. It is for that reason that I would of the protocol for interagency commu- Mr. HURT. I thank the Chairman. urge my colleagues to vote against this nication between the EPA and the This amendment would allow the amendment. USDA. Their responses were bureau- EPA to override the State and local Mr. Chairman, I yield back the bal- cratic and vague. regulations and thereby gut the pur- ance of my time. I find this troubling because if you pose of this bill. The CHAIR. The gentlewoman from ask the farmers and ranchers in my Ar- Let’s remember what the common- the Virgin Islands has 30 seconds re- kansas district about the greatest sense purpose of this bill is. There’s maining. threat to their operations, they always nothing radical at all about this bill. In Mrs. CHRISTENSEN. I would just respond with three letters: EPA. I fact, in section 3 this bill protects pub- like to add that my amendment does don’t think their response would be the lic health. It protects public health by not really take away any authority same if both agencies worked together relying on the State and local regu- from the State, local, and tribal gov- more often. lators who are best equipped to make ernments; it just ensures that they set b 1240 judgments about naturally occurring standards that are based on the protec- dust. And it does nothing at all to af- tion of the public health. Perhaps the best example of the right fect the particulate matter 2.5 stand- With that, I yield back the balance of hand not knowing what the left hand is ard. I think that’s important to note my time. doing occurred this past summer when inasmuch as it seems that the opposi- The CHAIR. The question is on the the President was in his home State of tion seems to want to forget that. amendment offered by the gentle- Illinois for a town hall event. One Let’s remember the ultimate purpose woman from the Virgin Islands (Mrs. farmer asked the President why the of this bill, and that is to protect the CHRISTENSEN). EPA was targeting new regulations at farmer and the rural businesses from The question was taken; and the farmers after a difficult growing season overreaching Federal regulation that Chair announced that the noes ap- through the Midwest and Midsouth this causes uncertainty and it causes job peared to have it. year. The President pointed to Ag Sec- loss. Mrs. CHRISTENSEN. Mr. Chairman, retary Vilsack for backup and asked However, the EPA and the opposition I demand a recorded vote. the farmer to explain the specific regu- talked about the myth. They say that The CHAIR. Pursuant to clause 6 of lations. it’s more likely that the EPA would rule XVIII, further proceedings on the The farmer cited rules that would be regulate fairy dust. They say that this amendment offered by the gentle- crippling to the ag community, includ- is a solution in search of a problem. woman from the Virgin Islands will be ing regulating farm dust. President But our farmers know better; our rural postponed. Obama defiantly dismissed the ques- business owners know better. They AMENDMENT NO. 3 OFFERED BY MR. CRAWFORD tion by saying, ‘‘Don’t always believe know better because they have looked The CHAIR. It is now in order to con- what you hear.’’ He later told the at the proposed regulations and the sider amendment No. 3 printed in crowd: If you ever have a question as to proposals from the EPA staff that was House Report 112–317. whether it’s going to make it harder dated back in April in which they pro- Mr. CRAWFORD. Mr. Chairman, I for you to farm, contact USDA. posed looking at and revising the PM10 have an amendment at the desk. It seems to me that the President standard. They also have seen the let- The CHAIR. The Clerk will designate didn’t understand that it’s the EPA, ter that was sent to my office in May the amendment. not the Department of Agriculture, of this year in which Ms. McCarthy, The text of the amendment is as fol- that was the source of this man’s frus- the assistant administrator, makes it lows: tration. If the President doesn’t realize

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.048 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8285 that the EPA is coming down hard on Mr. MARKEY. I yield myself 2 min- EPA on such issues as arsenic, the re- our Nation’s farmers and ranchers, utes. ality in rural America is that it is a then why would the agency, itself, find In this legislation, the Republican natural part of our soil, and when dust it necessary to consider agriculture in majority exempts all so-called nui- would kick up and blow, it will be at a proposing regulations? Clearly, it does sance dust from the protective air particulate level below what the stand- not. quality standards for coarse particle or ards are. My amendment would ensure that soot pollution under the Clean Air Act. We’re just trying to say, look, the re- the EPA and the Department of Agri- Republicans have defined ‘‘nuisance ality is the EPA even says that at the culture work together if the EPA seeks dust’’ to include particulate matter extremely minor level of particulates to further regulate the agriculture in- that is generated from ‘‘earth moving that would be inherent in topsoil that dustry in the future. The Department or other activities that are typically could be kicked up by wind or farming of Agriculture understands the eco- conducted in rural areas.’’ This legisla- activities is not a health risk. In fact, nomic well-being of our Nation’s farm- tion’s broad definition means a bill one of the authors of the EPA’s most ers and ranchers better than any other which is supposed to be all about trac- recent integrated science assessment agency and should have a degree of tors and farms is actually about bar- for particulate matter issued in 2010 input whenever the EPA writes rules ring EPA from regulating the toxic testified before our committee and that directly impact farmers and soot that comes out of mines, smelters, stated, ‘‘For long-term effects of coarse ranchers. chemical plants. And that’s because all particulates, there is next to no evi- This amendment would be a small of these materials come from earth dence in support of long-term health but important step in that direction. moving, natural materials, or activi- effects.’’ With that, Mr. Chairman, I yield ties that take place in rural areas. In rural America, in Nebraska, we back the balance of my time. Now, I don’t know about the major- can show you real-life examples. In Mr. WAXMAN. Mr. Chairman, I ask ity, but when most people hear the rural America, they have the highest unanimous consent that I be able to word ‘‘nuisance’’ they think of things health standards and longevity of life control the time that would be allotted like honking horns, telemarketers, and and health. to those in opposition. buzzing flies. They don’t think of poi- So with that, I will let the gentleman The SPEAKER pro tempore. Without son. By preventing EPA from regu- close on his amendment and yield back objection, the gentleman from Cali- lating the toxic soot spewing out of the balance of my time. fornia is recognized for 5 minutes. mining operations, smelters, chemical Mr. MARKEY. Mr. Chairman, I yield There was no objection. facilities, and construction sites, Re- myself the balance of my time. Mr. WAXMAN. Mr. Chairman, the publicans have apparently decided that In the 19th century, mercury, an- Crawford amendment simply requires poisonous chemicals such as arsenic, other common mining waste, was used EPA to consult with the Secretary of lead, and mercury are mere nuisances. as a cure-all for toothaches and other Agriculture before making any deter- This false advertising is not a total ailments. It turns out that the mercury mination about the health threat posed surprise. We have heard from Repub- is also highly toxic. It causes severe by pollution in an area, as well as the lican witnesses in the past who, in de- impacts on the brain and, throughout costs and benefits of taking action. fense of the most polluting industries, history, has been identified as the poi- I don’t know that the Department of have unwillingly offered up the absurd. son behind many other notable ill- Agriculture has much to contribute in In fact, in the last Congress, at a hear- nesses and deaths in the history of our terms of the health threats; but the ing I chaired, the Republican witness planet. bill is so objectionable already, it’s said he would be happy to sprinkle ar- By defining nuisance dust this way, hard to argue that this amendment senic-laced coal ash on his cereal. the Republicans are, essentially, pro- makes it discernibly worse. It’s a drop It turns out that the Republican wit- viding the mining industry with the in a very large bucket. ness is not alone in his suggestion to holiday gift of pollution. Instead of For that reason, I will not oppose use arsenic as a dietary supplement. gold and frankincense and myrrh, the this amendment. We’re willing to ac- Arsenic, which is a major component of Republicans are bearing gifts of arsenic cept it, but I still am in opposition to mining activities, was famously used and lead and mercury for every family the bill. to poison and kill a number of promi- in our country. I yield back the balance of my time. nent people throughout history, includ- My amendment simply states that The CHAIR. The question is on the ing Napoleon, King George III, and the so-called nuisance dust doesn’t include amendment offered by the gentleman Emperor of China. poisonous arsenic or other heavy met- from Arkansas (Mr. CRAWFORD). I reserve the balance of my time. als that are hazardous to human The amendment was agreed to. Mr. TERRY. Mr. Chairman, I claim health, because cancer is not a nui- AMENDMENT NO. 4 OFFERED BY MR. MARKEY the time in opposition. sance. The development of a child’s The CHAIR. It is now in order to con- The CHAIR. The gentleman from Ne- brain is not a nuisance. Yet the Repub- sider amendment No. 4 printed in braska is recognized for 5 minutes. licans would treat these conditions as a House Report 112–317. Mr. TERRY. I thank the chairman nuisance rather than as medical catas- Mr. MARKEY. Mr. Chair, I have an and appreciate the gentleman from trophes for the families of America. amendment at the desk. Boston’s arguments here suggesting So let’s be clear what this bill is all The CHAIR. The Clerk will designate that this bill somehow exempts arsenic about. This is another attempt by the the amendment. and all these poisons. The reality is it Republicans to protect Big Coal by cre- The text of the amendment is as fol- does not. It’s an unnecessary amend- ating another loophole to avoid the lows: ment. It, one, is to make a point that Clean Air Act so that families don’t In section 132(c) of the Clean Air Act, as I think is inflated. have to worry that their children are proposed to be added by section 3 of the bill, The reality is emissions of arsenic inhaling these dangerous materials, strike ‘‘and’’ at the end of paragraph (1), above the standard would still be in strike the period at the end of paragraph (2) the arsenic, the lead, the mercury that and insert ‘‘; and’’, and add at the end the violation of EPA rules. The reality also they are petrified are going to have a following paragraph: exists then, if you’re going to move the negative long-term impact on their ‘‘(3) the term ‘nuisance dust’ does not in- goalpost to a zero particulate, then children’s development. clude particulate matter containing arsenic we’ve got a different issue here. or other heavy metals that are hazardous to Now, the dust that we’re talking b 1250 human health.’’. about from agricultural activities— That’s what this is all about, bottom The CHAIR. Pursuant to House Reso- plowing, harvesting, driving on roads— line. And the coal industry is saying lution 487, the gentleman from Massa- in our own definition says that consists ‘‘no.’’ The Republicans are using the chusetts (Mr. MARKEY) and a Member primarily of soil and other natural and guise of some farm dust cloud of confu- opposed each will control 5 minutes. biological materials. So, if you’re sion to mask what they’re really try- The Chair recognizes the gentleman going to adopt a new standard totally ing to do, which is to allow the coal in- from Massachusetts. different than current standards at the dustry to continue to send this lead,

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.051 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8286 CONGRESSIONAL RECORD — HOUSE December 8, 2011 this mercury, this arsenic up into the Every day, they mine about 150,000 Health Act, Resource Conservation and air and into the lungs of children tons of copper ore and 330,000 tons of Recovery Act, Clean Water Act, Fed- across our country, especially those waste rock from the Bingham Canyon eral Land Policy and Management Act, that are so young that we know it has mine. Kennecott’s operations are the the National Environmental Policy an impact on their development, espe- single largest source of particulate pol- Act, and many others. This includes cially of their brain. lution in Utah. regulation by the Department of Inte- So I urge an ‘‘aye’’ vote on this The mine is having a significant im- rior of dust from wind erosion and ve- amendment, and I don’t think there pact on air quality, even with the pol- hicle traffic associated with mines. can be a more important amendment lution control requirements in place. State and local authorities will still that we’re going to vote upon in this There is simply no reason, therefore, to have full authority to impose nuisance Congress. say well, we’re going to address farm dust controls, and rural America needs I yield back the balance of my time. dust by exempting this mine from reg- certainty that they won’t be second- The CHAIR. The question is on the ulation under the Clean Air Act. And guessed by the EPA. amendment offered by the gentleman that is what this bill would do. It I urge a ‘‘no’’ on this amendment. from Massachusetts (Mr. MARKEY). would exempt all particle pollution Bottom line, if you stop and think The question was taken; and the from the mine’s activities from the en- about it, there’s a story here, a story of two paths forward. One path has the Chair announced that the noes ap- tire Clean Air Act. peared to have it. That mine is now subject to the re- potential to bring economic growth, jobs, and energy independence to this Mr. MARKEY. Mr. Chairman, I de- quirements of the Clean Air Act. country; the second path has brought mand a recorded vote. They’re doing what they need to do to and will continue to bring economic The CHAIR. Pursuant to clause 6 of control pollution from that mine. If we rule XVIII, further proceedings on the stagnation to our Nation. adopt this bill, it would allow them to The irony is that the administration amendment offered by the gentleman refrain from doing anything other than from Massachusetts will be postponed. seems to continue to advocate for the just simply spewing the pollution. second path. And of course I’m talking AMENDMENT NO. 5 OFFERED BY MR. WAXMAN These mining operations, Kennecott about the path of EPA overregulation The CHAIR. It is now in order to con- and others, can have a significant im- that continues to put a stranglehold on sider amendment No. 5 printed in pact. They emit large quantities of businesses and economic growth in this House Report 112–317. both fine and coarse particulate mat- country. Mr. WAXMAN. Mr. Chairman, I have ter. Yet under this bill, they would be The next phase of the EPA’s path is an amendment at the desk. exempt from regulation. America’s farmland. Whether you’re The CHAIR. The Clerk will designate So my amendment simply clarifies working in the field herding cattle or the amendment. that this bill does not apply to particle driving down a dirt road, the EPA The text of the amendment is as fol- pollution from any mining activities. wants to regulate the dust you pick up. lows: The science shows that coarse and The Farm Dust Regulation Protec- In section 132(c) of the Clean Air Act, as fine particle pollution, regardless of tion Act of 2011 will ensure that this proposed to be added by section 3 of the bill, the source, can trigger asthma attacks, path is stopped by prohibiting the im- strike ‘‘and’’ at the end of paragraph (1), heart attacks, stroke, and premature strike the period at the end of paragraph (2) plementation of a stricter PMT stand- and insert ‘‘; and’’, and add at the end the death. That’s why I oppose exempting ard for 1 year and exempting nuisance following paragraph: favored sources of this pollution from dust, like farm dust, from any future ‘‘(3) the term ‘nuisance dust’ does not in- the Clean Air Act, and that’s why I op- PMT regulation. clude any particulate matter produced from pose the bill. I applaud my colleagues, Representa- mining activities. But at a minimum if we adopt this tives NOEM and HURT, for introducing The CHAIR. Pursuant to House Reso- amendment, we would ensure that the this important legislation. I urge my lution 487, the gentleman from Cali- bill is true to its name—the Farm Dust colleagues to support it. fornia (Mr. WAXMAN) and a Member op- Regulation Prevention Act. Large in- I reserve the balance of my time. posed each will control 5 minutes. dustrial open-pit mines and gravel Mr. WAXMAN. Mr. Chairman, farm The Chair recognizes the gentleman mining operations shouldn’t get a free dust is not the same thing as pollution from California. pass to pollute under the clever pre- from a mine. My amendment would ex- Mr. WAXMAN. Mr. Chairman, I yield tense of being involved with farms. clude pollution from a mine from this myself such time as I may consume. I would urge my colleagues to sup- legislation so that it stays under EPA The supporters of this bill said port this amendment removing mine regulation under the Clean Air Act, as they’re simply trying to exempt harm- operations from coverage under this it is today. There is no reason to give less dirt from farms and ranches from bill and making sure the bill only cov- mining operations, whether they’re in rural or in urban areas, a pass so that regulation under the Clean Air Act. ers farming operations. they need not even meet requirements That simply is not the case. This bill is I reserve the balance of my time. to protect the public from unsafe pol- nothing more than a bait-and-switch. Mrs. MCMORRIS RODGERS. Mr. lutants that could cause adverse health The title says it’s about farm dust, but Chairman, I claim time in opposition. impacts. The CHAIR. The gentlewoman from in reality, it would exempt air pollu- I urge the adoption of the amend- tion from a number of industrial Washington is recognized for 5 min- ment, and I yield back the balance of sources from the entire Clean Air Act, utes. my time. C including mines. Mrs. M MORRIS RODGERS. I yield Mrs. MCMORRIS RODGERS. I would The bill defines ‘‘nuisance dust’’ to myself such time as I may consume. like to yield the balance of my time to include particulate matter, that con- Just to let me clarify, the purpose of the chairman of the subcommittee. sists primarily of natural materials this legislation, H.R. 1633, is to exempt Mr. WHITFIELD. Mr. Chairman, this generated from sources that include rural dust from costly and unnecessary is a little off topic. We have a young ‘‘earth moving.’’ So when you look at Federal regulation. It doesn’t do any- man who served the Energy and Com- that definition, it would allow mines to thing to exempt any kind of facility, merce Committee and me personally be exempted from the requirements of source, or mine from environmental for many years and did an outstanding the Clean Air Act. This is an egregious regulation. The northeastern part of job. His name is Jeff Mortier. Tomor- overreach that would allow mines to Washington State, which I represent, is row is his last day as an employee of release particulate matter into the air one of the toughest places in the world the House of Representatives. I just without any controls. to mine. This bill isn’t going to change want to take this opportunity to thank The Kennecott, Utah, Copper Mine that. Mining and agricultural dust is him for the great job that he did and to serves as a perfect example of why this comprehensively regulated by State wish him the very best in his new en- is such a problem. Kennecott Copper agencies and many, many Federal stat- deavor. operates one of the largest open-pit utes currently in place, including the The CHAIR. The question is on the copper mines in the world, in Utah. Surface Mining and Control Reclama- amendment offered by the gentleman The mine is even visible from space. tion Act, Federal Mine Safety and from California (Mr. WAXMAN).

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.054 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8287 The question was taken; and the trol; yet we’re forced to go then to the should approach and exclude excep- Chair announced that the ayes ap- EPA and beg for an exception to the tional events and have a provision such peared to have it. Clean Air Act, which has proven to be as this. It would give us a consistent Mr. WHITFIELD. Mr. Chairman, I de- extremely costly when we have to do it and a transparent manner for dealing mand a recorded vote. over and over again. with these events. Certainly, rural The CHAIR. Pursuant to clause 6 of I reserve the balance of my time. America and other parts of America rule XVIII, further proceedings on the Mr. WAXMAN. Mr. Chairman, I ask need the certainty that the regulation amendment offered by the gentleman unanimous consent to speak on this is not triggered by natural events that from California will be postponed. amendment. are out of our control. The CHAIR. Without objection, the b 1300 Mr. FLAKE. I thank the gentlelady. gentleman from California is recog- In conclusion, Mr. Chairman, the AMENDMENT NO. 6 OFFERED BY MR. FLAKE nized for 5 minutes. EPA does recognize there is a problem The CHAIR. It is now in order to con- There was no objection. here, and they are working to correct sider amendment No. 6 printed in Mr. WAXMAN. I wanted to say to the it. It’s just taking a long time. The House Report 112–317. gentleman from Arizona that I think rule was promulgated in 2007. We’ve Mr. FLAKE. I have an amendment at his amendment makes a great deal of had 3 or 4 years since that time, and the desk. sense. It complies with what, I think, every year it costs States and local The CHAIR. The Clerk will designate the EPA ought to do under these excep- governments millions of dollars just to the amendment. tional circumstances, and we are pre- seek exceptions with these exceptional The text of the amendment is as fol- pared to accept his amendment. events. The language in this amend- lows: I yield back the balance of my time. ment simply encourages the EPA to At the end of the bill, add the following: Mr. FLAKE. I thank the gentleman move more quickly, and Congress SEC. 4. SENSE OF CONGRESS. from California. stands ready to help them to fashion a It is the sense of the Congress that the Ad- Mr. Chairman, just to give you an new rule that will truly account for ministrator of the Environmental Protection idea of how prevalent the problem is, these exceptional events. Agency should implement an approach to ex- I’ll just summarize a little more. In Ar- With that, I urge support for the cluding so-called ‘‘exceptional events’’, or izona, the Maricopa Association of amendment, and I yield back the bal- events that are not reasonably controllable Governments, or MAG, has said that ance of my time. or preventable, from determinations of there have been about 100 events that The CHAIR. The question is on the whether an area is in compliance with any have exceeded the PM10 standard this national ambient air quality standard amendment offered by the gentleman year. All but one was from an excep- (NAAQS) applicable to coarse particulate from Arizona (Mr. FLAKE). tional event—dust storms that oc- matter that— The amendment was agreed to. (1) maximizes transparency and predict- curred naturally. AMENDMENT NO. 7 OFFERED BY MR. SCHOCK ability for States, tribes, and local govern- What happens then is States and lo- ments; and calities, as I said, have to go to the The CHAIR. It is now in order to con- (2) minimizes the regulatory and cost bur- EPA and beg for an exception to the sider amendment No. 7 printed in dens States, tribes, and local governments rule. In some cases, just for an exam- House Report 112–317. bear in excluding such events. ple, if you take all of the events in 2011, Mr. SCHOCK. Mr. Chairman, I have The CHAIR. Pursuant to House Reso- the Maricopa Association of Govern- an amendment at the desk. lution 487, the gentleman from Arizona ments is estimating it will cost over $1 The CHAIR. The Clerk will designate (Mr. FLAKE) and a Member opposed million to just argue and put together the amendment. each will control 5 minutes. the paperwork to go to the EPA and The text of the amendment is as fol- The Chair recognizes the gentleman say, This was a big monsoon that lows: from Arizona. caused this. It was an exceptional At the end of the bill, add the following: Mr. FLAKE. Mr. Chairman, I yield event. In the end, the EPA may rule in SEC. 4. IMPACTS OF EPA REGULATORY ACTIVITY myself such time as I may consume. our favor, but it is the cost of actually ON EMPLOYMENT AND ECONOMIC While the Clean Air Act obviously going through it. ACTIVITY IN THE AGRICULTURE serves a useful purpose, all too often This is not just in Maricopa County. COMMUNITY. States and localities are tied up in It’s not just in Arizona. In the San Joa- (a) ANALYSIS OF IMPACTS OF ACTIONS ON knots in just trying to comply with the EMPLOYMENT AND ECONOMIC ACTIVITY IN THE quin Valley, I believe it has noted that AGRICULTURE COMMUNITY.— provisions of it in which the rules that the paperwork for just one high-wind (1) ANALYSIS.—Before taking a covered ac- were promulgated in response to the exceptional event takes more than 400 tion, the Administrator shall analyze the im- law, or amendments to the law, just staff hours to prepare in order to go to pact, disaggregated by State, of the covered weren’t well thought out. the EPA. It takes 400 staff hours for action on— In this regard, in 2005 Congress one exceptional event like this to go (A) employment levels in the agriculture amended the Clean Air Act so States and say, This shouldn’t count against industry; and and localities could get off the regu- our air quality or count against us in (B) agricultural economic activity, includ- latory hook for so-called ‘‘exceptional ing estimated job losses and decreased eco- terms of new regulations and costs nomic activity related to agriculture. events’’—dust events—events that they that will be imposed on us. (2) ECONOMIC MODELS.— cannot control but that impact air I am a cosponsor of the underlying (A) IN GENERAL.—In carrying out para- quality. In 2007, the EPA adopted the bill to which this amendment will be graph (1), the Administrator shall utilize the Exceptional Event Rule, implementing attached, and I support it. This is an best available economic models. Congress’ amendment to the Clean Air important amendment. It is not just an (B) ANNUAL GAO REPORT.—Not later than Act; but this rule has proven flawed, academic question, and I’m glad that December 31 of each year, the Comptroller costly, and inconsistently imple- all sides recognize this. So I thank the General of the United States shall submit to mented. Congress a report on the economic models gentleman from California for accept- used by the Administrator to carry out this Let me give you an idea of what ing the amendment. subsection. we’re talking about here. Here is a pic- I now wish to yield time to the spon- (3) AVAILABILITY OF INFORMATION.—With re- ture. It’s an actual photograph of one sor of the bill, the gentlewoman from spect to any covered action, the Adminis- of the events that happened just this South Dakota (Mrs. NOEM). I thank her trator shall— year in the Phoenix metropolitan area for her dogged work in bringing this (A) post the analysis under paragraph (1) which was caused by a monsoon. forward. as a link on the main page of the public The monsoon comes along. When it Mrs. NOEM. I rise in support of the Internet Web site of the Environmental Pro- rolls along flat ground, it tends to pick amendment that the gentleman from tection Agency; (B) request the Secretary of Agriculture to up every loose bit of dust or dirt that’s Arizona has brought to the floor. post the analysis under paragraph (1) as a there, and it causes an event like this. Mr. Chairman, this amendment link on the main page of the public Internet Obviously, this is not something that would add a sense of Congress to this Web site of the Department of Agriculture; the State or local government can con- piece of legislation that the EPA and

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.059 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8288 CONGRESSIONAL RECORD — HOUSE December 8, 2011 (C) request that the Governor of any State Water Cooperative Federalism Act jobs and the economy throughout our experiencing more than a de minimis nega- passed this House in July, and it en- country. tive impact post such analysis in the Capitol joyed broad bipartisan support. I urge a ‘‘yes’’ vote, and I reserve the of such State. My amendment today says if jobs and balance of my time. (b) PUBLIC HEARINGS.— the economic well-being of farmers Mr. WAXMAN. Mr. Chairman, I rise (1) IN GENERAL.—If the Administrator con- in opposition to the amendment. cludes under subsection (a)(1) that a covered would be negatively impacted, the EPA action will have more than a de minimis neg- will be required to hold public hearings The CHAIR. The gentleman from ative impact on agricultural employment in the impacted State. It would also re- California is recognized for 5 minutes. levels or agricultural economic activity in a quire the EPA to notify the State’s Mr. WAXMAN. I have several con- State, the Administrator shall hold a public Governor, legislature, and congres- cerns about this amendment, which hearing in each such State at least 30 days sional delegation. It would also require seems to ignore the reality of how prior to the effective date of the covered ac- that the EPA post its analysis of the agencies communicate, along with the tion. negative job impact on its Web site, re- well-established process for how EPA (2) TIME, LOCATION, AND SELECTION.—A pub- quest the Secretary of Agriculture to proposes and finalizes a rule. lic hearing required under paragraph (1) shall First of all, this amendment requires do the same, and request the Governor be held at a convenient time and location for the EPA to conduct additional eco- of that State to post similar analysis impacted residents. In selecting a location nomic analyses for a broad range of for such a public hearing, the Administrator on the State capital’s Web site. agency actions that could affect agri- shall give priority to locations in the State I don’t believe this is too much to culture, including guidance documents that will experience the greatest number of ask. We are simply asking the EPA to and policy statements. job losses. calculate the number of jobs lost and (c) NOTIFICATION.—If the Administrator b 1310 concludes under subsection (a)(1) that a cov- the economic impact on the agricul- ered action will have more than a de mini- tural community with a new rule that Requiring an expensive and time-con- mis negative impact on agricultural employ- would do such. If its calculation turns suming detailed economic analysis for ment levels or agricultural economic activ- out to be detrimental, we want the every policy statement makes no ity in any State, the Administrator shall EPA to let our Nation’s farmers know sense. give notice of such impact to the State’s before it implements additional red Secondly, this amendment singles Congressional delegation, Governor, and tape and new regulations. out one favored sector for special treat- Legislature at least 45 days before the effec- We expect the bureaucrats in the ment. Why should we have an entirely tive date of the covered action. EPA here in Washington, D.C. to go out different rulemaking process in place (d) DEFINITIONS.—In this section, the following definitions apply: into the real world and understand the for agriculture? If the Republicans are (1) ADMINISTRATOR.—The term ‘‘Adminis- impact of the rules that they are im- concerned about the rulemaking proc- trator’’ means the Administrator of the En- plementing, that they are suggesting, ess, then they should work with us on vironmental Protection Agency. and that have a real effect on farmers a bipartisan basis to improve the way (2) COVERED ACTION.—The term ‘‘covered who are trying to run their operations rules are adopted for all sectors, not action’’ means any of the following actions across America and are helping to feed just one. taken by the Administrator under the Clean the world’s population. This amendment also isn’t necessary. Air Act (42 U.S.C. 7401 et seq.) relating to ag- This past weekend, the Illinois Farm EPA already has to evaluate the costs riculture and the national primary ambient air quality standard or the national sec- Bureau, in my home State, had its an- and benefits of each rule to satisfy re- ondary ambient air quality standard for par- nual meeting. It conducted a survey of quirements and numerous statutes. ticulate matter: the thousands of farmers who partici- When issuing a rule, EPA has to com- (A) Issuing a regulation, policy statement, pated in that convention, and it asked ply with the Administrative Procedure guidance, response to a petition, or other re- them an open-ended question: Act, the Paperwork Reduction Act, the quirement. What posed the biggest threat to Regulatory Flexibility Act, the Small (B) Implementing a new or substantially their future profitability as family Business Regulatory Enforcement altered program. farmers? Was it input costs? lower Fairness Act, the Unfunded Mandates (3) MORE THAN A DE MINIMIS NEGATIVE IM- commodity prices? land prices? com- PACT.—The term ‘‘more than a de minimis Reform Act, specific environmental negative impact’’ means the following: modity price swings? statutes, Executive orders on regu- (A) With respect to employment levels, a No. Their answer, overwhelmingly, latory planning and review require- loss of more than 100 jobs related to the agri- was government regulation. ments of the Office of Management and culture industry. Any offsetting job gains Dale Hadden, who is a farmer from Budget, and others. that result from the hypothetical creation of Jacksonville, Illinois, recently told me: A few minutes ago, we accepted an new jobs through new technologies or gov- ‘‘The thought of the EPA continuing to amendment from the gentleman from ernment employment may not be used in the place more regulations on my farming Arizona (Mr. FLAKE) that called on job loss calculation. operation is unfounded. My family EPA not to have a burdensome process (B) With respect to economic activity, a decrease in agricultural economic activity of prides itself on being environmental when they grant a state flexibility in more than $1,000,000 over any calendar year. stewards and making our farm better handling an exceptional event that Any offsetting economic activity that re- for the next generation. We do it better caused a violation, and he argued we sults from the hypothetical creation of new here than in any other place in the didn’t need a burdensome process to economic activity through new technologies world.’’ get to that result. or government employment may not be used Jamie Schaffer, another farmer from This additional burdensome process in the economic activity calculation. my district, in Princeville, Illinois, imposed by this amendment is also un- The CHAIR. Pursuant to House Reso- told me: necessary. According to the GAO, the lution 487, the gentleman from Illinois ‘‘The EPA over-regulation has the requirements already in place are (Mr. SCHOCK) and a Member opposed potential to shut us down. We wouldn’t quote, ‘‘clearly voluminous and require each will control 5 minutes. be able to farm with modern equip- a wide range of procedural, consult- The Chair recognizes the gentleman ment. Livestock walks across the field ative, and analytical action on the part from Illinois. and creates dust when it’s dry out. We of the agencies.’’ Mr. SCHOCK. Mr. Chairman, I yield need to take regulators out to our This amendment appears to ignore myself such time as I may consume. farms and personally show them this well-established process and, in- I rise today to offer an amendment there’s no way around dust or dirt. It’s stead, would add another burdensome with my good friend and colleague, just a natural part of the environ- layer to the already lengthy review. It Mrs. SHELLEY MOORE CAPITO of West ment.’’ serves no purpose. It bogs down the Virginia. Let’s let Dale, Jamie, and other agency. It creates more bureaucracy. It Our amendment is simple. It requires farmers in our country continue to do costs more money. It does not accom- the EPA to consider the impact of new what they do best. Let the EPA bu- plish anything. And insofar as it ac- agriculture jobs and the economy be- reaucrats understand first, before they complishes anything, it just stalls the fore issuing new rules and regulations. implement a new rule, what kind of ef- agency from acting in only one area— A similar amendment to the Clean fect, if any, it will have negatively on agriculture.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.033 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8289 I urge my colleagues to oppose this The gentleman from Illinois (Mr. This amendment can help us elimi- amendment as well as oppose the un- SCHOCK) has said he can’t imagine any- nate fact-free debate. This amendment derlying bill. thing more expensive than what this contains less than 100 words, and it ad- I reserve the balance of my time. regulation might do to farmers. Well, dresses the elimination of fact-free de- Mr. SCHOCK. May I inquire as to I’ll tell you something that’s more ex- bate. It reads: how much time remains? pensive: Tax breaks for zillionaires, Not later than 180 days after the date The CHAIR. The gentleman from Illi- billionaires, and millionaires is a lot of enactment of this act, the Adminis- nois has 11⁄2 minutes remaining. more expensive than requiring EPA to trator of the Environmental Protection Mr. SCHOCK. Thank you, Mr. Chair- do even more. Agency shall transmit to Congress a man. Let’s not burden the agency with re- report estimating the increase or de- I would respond to my friend from views only for one sector that add crease in the number of jobs in the California with a couple points. nothing to the analysis that they al- United States that will occur as a re- First of all, we did have the oppor- ready achieved before they adopt any sult of the enactment of this act. tunity to apply a similar rule to the regulation. And these regulations that This amendment eliminates fact-free entire bureaucracy. We passed that are already in effect now are not cost- debates and speculation. So if you real- yesterday. It’s called the REINS Act. ing jobs. ly want to eliminate fact-free debates But with regard to specifically point- This whole bill is supposed to prevent and speculation, then you should sup- ing out agency by agency, a similar regulations that had not even been port this amendment. amendment passed earlier this year to adopted. And we’re not losing jobs be- If you believe that this bill really the clean water bill, the Clean Water cause of that. We’re losing jobs because does create or save jobs, then you Act, that had bipartisan support, and I our economy is not functioning, be- should support this amendment. would certainly hope that this amend- cause we don’t have a willingness by If you believe that Carlisle is right, ment would as well. the Republicans to stimulate this econ- that no lie can live forever, and this To the concern about expense, I can’t omy, get people back to work and get will eliminate the possibility of things imagine what’s more expensive than jobs for those who need them. being done with malice aforethought, putting Americans out of work. I can’t I oppose this amendment, and I yield you should support this amendment. think of what’s more expensive than back the balance of my time. If you believe that William Cullen asking American farmers to come up The CHAIR. The question is on the Bryant is right, that truth, when with more cash and more expenses be- amendment offered by the gentleman crushed to Earth, can rise again, you cause of bureaucrats’ new rules in from Illinois (Mr. SCHOCK). should support this amendment, be- Washington, D.C. The amendment was agreed to. cause this amendment will help us to Finally, this does not prohibit the AMENDMENT NO. 8 OFFERED BY MR. AL GREEN repeal what the truth is. agency from doing anything. It just re- OF TEXAS If you believe that fact-free debates quires the agency to know what The CHAIR. It is now in order to con- ought to be eliminated, you ought to they’re doing, the impact on jobs, and sider amendment No. 8 printed in support this amendment. that to be known by the farmers, the House Report 112–317. I reserve the balance of my time. Mr. GARDNER. I rise in opposition State, the congressional delegation, Mr. AL GREEN of Texas. Mr. Chair- to the amendment. and certainly the bureaucrats at the man, I have an amendment at the desk. The CHAIR. The gentleman from Col- EPA. The CHAIR. The Clerk will designate the amendment. orado is recognized for 5 minutes. With that, I yield 1 minute to my Mr. GARDNER. Mr. Chairman, I friend from Colorado (Mr. GARDNER). The text of the amendment is as follows: yield myself such time as I may con- Mr. GARDNER. I thank the gen- sume. tleman from Illinois for this amend- At the end of the bill, add the following The question I have on that—I under- section: ment. stand the confusion about jobs in the SEC. 4. REPORT ON EFFECT ON JOBS. It’s ironic that the opposition to this EPA. I think there is a great deal of amendment characterizes the amend- Not later than 180 days after the date of enactment of this Act, the Administrator of confusion when it comes to whether or ment as a burden. However, the burden not the EPA is considering jobs in being placed, I would suggest, if it’s a the Environmental Protection Agency shall transmit to Congress a report estimating the their analysis. burden at all, is on the EPA, the EPA increase or decrease in the number of jobs in The administration has issued an Ex- who actually has to take a look at the United States that will occur as a result ecutive order. We have actually, whether or not this is impacting jobs of the enactment of this Act (including the through the Energy and Commerce before the regulation is promulgated. amendment to the Clean Air Act (42 U.S.C. Committee, held a number of hearings How about that? We actually do 7401 et seq.) made by section 3 of this Act). on the Executive order that says, hey, something around this place that takes The CHAIR. Pursuant to House Reso- you need to take a look at the impact a burden off the private sector and lution 487, the gentleman from Texas on jobs when a regulation is promul- makes government do their job to (Mr. AL GREEN) and a Member opposed gated. make sure they’re not hurting jobs in each will control 5 minutes. We have had testimony from various private industry. The Chair recognizes the gentleman officials at the EPA talking about You know, this is an amendment that from Texas. whether or not they look at jobs. makes absolute common sense, to look Mr. AL GREEN of Texas. Mr. Chair- before you leap, to make sure that you man, I yield myself such time as I may b 1320 understand the impacts of a regulation consume. There seems to be a great deal of con- before you issue it, and that’s why I There has been much debate as to fusion at the EPA about whether they support this amendment. whether this bill will create or save actually care about jobs. But the prob- The CHAIR. The time of the gen- jobs. There is much speculation based lem is we ought to take a look at those tleman from Illinois has expired. on whether this bill will create or save jobs before the regulation is issued. Mr. WAXMAN. Mr. Chairman, how jobs. When you have few facts, you, That’s exactly what the amendment much time do I have? generally speaking, can have much did that we just passed by Mr. SCHOCK. The CHAIR. The gentleman from speculation. This amendment addresses Addressing jobs, clearly, is not the ex- California has 2 minutes remaining. speculation. pertise of the EPA. In fact, just ask as- Mr. WAXMAN. Mr. Chairman, the There is some sense in this country sistant administrator Mathy EPA goes through an incredible anal- that our approval rating is low in Con- Stanislaus, who came before our com- ysis now, the costs and the benefits and gress because of much speculation. mittee and testified that, indeed, when all the other considerations. It’s appro- Speculation can breed distrust. Specu- they issued a regulation, they didn’t priate. To add another review of regulation can lead to fact-free debate, a take a look at the jobs impact, even lations at EPA is to require paralysis term my good friend, EMANUEL though about 30 seconds before in his by analysis, and perhaps that’s the ob- CLEAVER, Representative from Mis- statement he said that they did take a jective of the amendment. souri, uses—fact-free debate. look at the impact on jobs.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.093 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8290 CONGRESSIONAL RECORD — HOUSE December 8, 2011 To the extent the EPA does comment I yield to the gentleman. ica, there are grave concerns that there on the jobs impact of its regulatory Mr. GARDNER. I think I know that are many people in this body that agenda, it has been widely criticized if I stub my toe, it’s going to hurt be- think their concerns over farm dust are for understanding the potential for job fore I do it. We ought to be able to nothing more than concerns over pixie losses, or for even making farfetched check out whether or not it’s going to dust. claims that the regulations create jobs. cost jobs before we do it. I would just close with this argu- At one time we had a hearing with Mr. AL GREEN of Texas. Reclaiming ment. Gina McCarthy, assistant adminis- my time, the question is whether you Mr. AL GREEN of Texas. Will the trator of the EPA, who testified for will actually have the opportunity to gentleman yield? every $1 million in regulations, it cre- hurt your toe, as you put it. There is Mr. GARDNER. I yield to the gen- ates 1.5 jobs; 1.5 jobs for every $1 mil- no need to avoid things that don’t tleman. lion in cost of a regulation. That’s exist. Let us get the actual raw empir- Mr. AL GREEN of Texas. In my city their idea of a job-creating idea or ac- ical evidence and use that to draw our we have a rock-crushing company. It tivity. conclusions as to whether this bill cre- yields dust, particulate matter. That is State, local, and tribal governments ates or saves jobs. something that is a concern to rural will be able to enforce their own dust I yield to the gentleman. people as well. regulations in a way that makes sense Mr. GARDNER. I thank the gen- Mr. GARDNER. Reclaiming my time, for local conditions, including on jobs tleman. the gentleman will recognize that and the economy. The empirical evidence that I go on State, local, and tribal governments We don’t need to spend money on a comes from the groups in Colorado will be able to enforce their own dust study to know that avoiding overregu- that know this issue the best—the regulations according to local condi- lation will benefit the economy. Avoid- farmers and ranchers that I represent. tions. So I understand where you’re ing overregulation will benefit the Here’s just a listing of a few of the or- coming from. I would just oppose this economy. Regulations—1.5 jobs for ganizations that support this bill as it amendment. I believe that we need to every $1 million. That’s the kind of stands. get on to the underlying bill and adopt math that my constituents, many con- Mr. AL GREEN of Texas. Reclaiming the underlying bill so that we can stituents across this country, simply my time, because supporting some- move forward, creating jobs, making don’t understand. thing is not empirical evidence as to sure that we’re not killing jobs, and do I reserve the balance of my time. whether or not it will do a certain what’s right for this country when it Mr. AL GREEN of Texas. Mr. Chair- thing. I respect all who are supporting comes to our economy. man, how much time do I have? it. I yield back the balance of my time. The CHAIR. The gentleman has 21⁄2 By the way, I don’t disrespect you. I The CHAIR. The question is on the minutes remaining. believe your heart is in the right place. amendment offered by the gentleman Mr. AL GREEN of Texas. Thank you. What I’m trying to get you to see is if from Texas (Mr. AL GREEN). It is an opinion, well stated, and I ap- you utilize the scientific method, you The question was taken; and the preciate the opinion that has been well will get your empirical evidence after Chair announced that the noes ap- stated. However, the best way to ascer- you have given this an opportunity to peared to have it. tain whether jobs are being created or be enacted. Mr. AL GREEN of Texas. I demand a eliminated is to utilize empirical evi- I yield back the balance of my time. recorded vote. dence, empirical evidence developed Mr. GARDNER. Mr. Chairman, I The CHAIR. Pursuant to clause 6 of after the fact as opposed to before the yield myself the balance of my time. rule XVIII, further proceedings on the actual implementation of the bill. Again, I would just like to continue amendment offered by the gentleman If you believe, and I believe your with a list of overwhelming support from Texas will be postponed. heart’s in the right place, if you believe from those in my district that believe ANNOUNCEMENT BY THE CHAIR that this is an opportunity for us to this will, indeed, cost jobs. We’ve The CHAIR. Pursuant to clause 6 of dispel any myths, to dispel any specu- adopted an amendment that says hey, rule XVIII, proceedings will now relation, then let’s have a study done let’s take a look at it before it goes sume on those amendments printed in after the bill has passed and after there into effect. The Colorado agriculture House Report 112–317 on which further has been some time for implementa- organizations, including the Colorado proceedings were postponed, in the fol- tion. Association of Wheat Growers, the Col- lowing order: I’m willing to extend the time. I’m orado Cattlemen’s Association, the Amendment No. 1 by Mr. RUSH of Illi- willing to have GAO do the study. My Colorado Corn Growers, the Colorado nois. heart’s in the right place. I want us to Lamb Council, the Colorado Livestock Amendment No. 2 by Mrs. have proof positive that this bill does Association, the Colorado Pork Pro- CHRISTENSEN of the Virgin Islands. or does not eliminate jobs. I want to ducers Council, the Colorado Potato Amendment No. 4 by Mr. MARKEY of eliminate the speculation. Administrative Committee, the Colo- Massachusetts. I believe I have enough time left to rado Sheep and Wool Authority, the Amendment No. 5 by Mr. WAXMAN of engage my friend in a colloquy. Colorado Wool Growers Authority, and California. How much time do I have, Mr. Chair- the Colorado Farm Bureau, these are Amendment No. 8 by Mr. AL GREEN man? organizations that will work each and of Texas. The CHAIR. The gentleman has 11⁄2 every day under this regulation. And The Chair will reduce to 2 minutes minutes remaining. perhaps the EPA says hey, you know the time for any electronic vote after Mr. AL GREEN of Texas. I yield to what, we’re not going to do this right the first vote in this series. my friend from Colorado. now, but they are very concerned. AMENDMENT NO. 1 OFFERED BY MR. RUSH Mr. GARDNER. Thank you very Mr. AL GREEN of Texas. Will the The CHAIR. The unfinished business much for the time and consideration. gentleman yield? is the demand for a recorded vote on Again, we did adopt an amendment Mr. GARDNER. I yield to the gen- the amendment offered by the gen- that actually takes a look at the regu- tleman from Texas. tleman from Illinois (Mr. RUSH) on lation before it’s offered. Mr. AL GREEN of Texas. With all which further proceedings were post- Mr. AL GREEN of Texas. Reclaiming due respect, the world is larger than poned and on which the noes prevailed my time for just a moment, you say be- Colorado, and there are other States by voice vote. fore. You see, empirical evidence under and other organizations. The Clerk will redesignate the the scientific method is best acquired Mr. GARDNER. Reclaiming my time, amendment. after you have the actual evidence. So I understand there are some big con- The Clerk redesignated the amend- what you would do is utilize specula- cerns from Boston, there are concerns ment. tion to come to a conclusion and then in Houston, and there are some con- RECORDED VOTE call that a fact. This would eliminate cerns in Los Angeles; but, I can tell The CHAIR. A recorded vote has been speculation. you in rural Colorado, in rural Amer- demanded.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.067 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8291 A recorded vote was ordered. Huizenga (MI) McMorris Scalise RECORDED VOTE Hultgren Rodgers Schilling The vote was taken by electronic de- Hunter Meehan Schmidt The CHAIR. A recorded vote has been vice, and there were—ayes 150, noes 255, Hurt Mica Schock demanded. not voting 28, as follows: Issa Miller (FL) Schrader A recorded vote was ordered. Miller (MI) Schweikert [Roll No. 906] Jenkins Johnson (IL) Miller, Gary Scott (SC) The CHAIR. This will be a 2-minute AYES—150 Johnson (OH) Mulvaney Scott, Austin vote. Murphy (PA) Sensenbrenner Ackerman Gutierrez Pastor (AZ) Johnson, Sam The vote was taken by electronic de- Noem Sessions Andrews Hahn Payne Jones Nunes Sewell vice, and there were—ayes 159, noes 250, Baca Hanabusa Pelosi Jordan Nunnelee Shimkus not voting 24, as follows: Baldwin Hastings (FL) Perlmutter Kelly Olson Shuler Bass (CA) Heinrich Peters Kind [Roll No. 907] Palazzo Shuster Berkley Higgins Pingree (ME) King (IA) Paulsen Simpson AYES—159 Berman Himes Polis King (NY) Pearce Smith (NE) Bishop (NY) Hinojosa Price (NC) Kingston Ackerman Grijalva Pascrell Pence Smith (NJ) Blumenauer Hirono Quigley Kinzinger (IL) Andrews Gutierrez Pastor (AZ) Peterson Smith (TX) Brady (PA) Holt Rangel Kissell Baca Hahn Payne Petri Southerland Brown (FL) Honda Reyes Kline Baldwin Hanabusa Pelosi Pitts Stearns Butterfield Hoyer Richardson Lamborn Bass (CA) Hastings (FL) Perlmutter Platts Stivers Capps Inslee Richmond Lance Becerra Heinrich Peters Poe (TX) Stutzman Capuano Israel Rothman (NJ) Berkley Higgins Pingree (ME) Landry Pompeo Sullivan Carnahan Jackson Lee Roybal-Allard Berman Himes Polis Lankford Posey Terry Carney (TX) Ruppersberger Bishop (NY) Hinojosa Price (NC) Latham Price (GA) Thompson (PA) Carson (IN) Johnson (GA) Rush Blumenauer Hirono Quigley LaTourette Quayle Thornberry Chu Johnson, E. B. Sa´ nchez, Linda Brady (PA) Hochul Rangel Latta Reed Tiberi Cicilline Kaptur T. Braley (IA) Holt Reyes Lewis (CA) Rehberg Tipton Clarke (MI) Keating Sanchez, Loretta Brown (FL) Honda Richmond LoBiondo Reichert Turner (NY) Clarke (NY) Kildee Sarbanes Butterfield Hoyer Rothman (NJ) Loebsack Renacci Turner (OH) Clay Kucinich Schakowsky Capps Inslee Roybal-Allard Long Ribble Upton Cleaver Langevin Schiff Capuano Israel Ruppersberger Lucas Rigell Walberg Clyburn Larsen (WA) Schwartz Carnahan Jackson Lee Rush Luetkemeyer Rivera Walden Cohen Larson (CT) Scott (VA) Carney (TX) Ryan (OH) Lummis Roby Walsh (IL) Connolly (VA) Lee (CA) Scott, David Carson (IN) Johnson (GA) Sa´ nchez, Linda Lungren, Daniel Roe (TN) Walz (MN) Conyers Levin Serrano Chu Johnson, E. B. T. E. Rogers (AL) Webster Courtney Lewis (GA) Sherman Cicilline Kaptur Sanchez, Loretta Mack Rogers (KY) West Crowley Lipinski Sires Clarke (MI) Keating Sarbanes Manzullo Rogers (MI) Westmoreland Cummings Lofgren, Zoe Slaughter Clarke (NY) Kildee Schakowsky Marchant Rohrabacher Whitfield Davis (CA) Lowey Speier Clay Kind Schiff Marino Rokita Wilson (SC) DeFazio Luja´ n Stark Cleaver Kucinich Schwartz Matheson Rooney Wittman DeGette Lynch Sutton Clyburn Langevin Scott (VA) McCarthy (CA) Ros-Lehtinen Wolf DeLauro Maloney Thompson (CA) Cohen Larsen (WA) Scott, David McCaul Roskam Womack Deutch Markey Thompson (MS) Connolly (VA) Larson (CT) Serrano McClintock Ross (AR) Woodall Dicks Matsui Tierney Conyers Lee (CA) Sherman McCotter Ross (FL) Yoder Dingell McCarthy (NY) Tonko Cooper Levin Sires McHenry Royce Young (AK) Doggett McCollum Towns Courtney Lewis (GA) Slaughter McIntyre Runyan Young (FL) Doyle McDermott Tsongas Crowley Lipinski Smith (WA) McKinley Ryan (WI) Young (IN) Edwards McGovern Van Hollen Cummings Loebsack Speier Ellison McNerney Vela´ zquez NOT VOTING—28 Davis (CA) Lofgren, Zoe Stark Eshoo Meeks Visclosky DeFazio Lowey Sutton Bachmann Fudge Neugebauer Farr Michaud Wasserman DeGette Luja´ n Thompson (CA) Becerra Giffords Nugent Fattah Miller (NC) Schultz DeLauro Lynch Thompson (MS) Bilirakis Granger Filner Moore Waters Olver Deutch Maloney Thompson (PA) Campbell Hinchey Frank (MA) Moran Watt Owens Dicks Markey Tierney Castor (FL) Jackson (IL) Garamendi Murphy (CT) Waxman Paul Dingell Matsui Tonko Coble Labrador Gonzalez Napolitano Welch Rahall Doggett McCarthy (NY) Towns Davis (IL) McKeon Green, Al Neal Wilson (FL) Ryan (OH) Doyle McCollum Tsongas Diaz-Balart Miller, George Green, Gene Pallone Woolsey Smith (WA) Edwards McDermott Van Hollen Dold Myrick Grijalva Pascrell Yarmuth Ellison McGovern Vela´ zquez Engel Nadler Engel McNerney Visclosky NOES—255 b 1351 Eshoo Meeks Wasserman Adams Canseco Flores Farr Michaud Schultz Aderholt Cantor Forbes Messrs. SCHWEIKERT, ALTMIRE, Fattah Miller (NC) Waters Akin Capito Fortenberry GRIFFIN of Arkansas and SULLIVAN Filner Moore Watt Alexander Cardoza Foxx changed their vote from ‘‘aye’’ to ‘‘no.’’ Frank (MA) Moran Waxman Altmire Carter Franks (AZ) Mr. GRIJALVA and Ms. SPEIER Garamendi Murphy (CT) Welch Amash Cassidy Frelinghuysen Gonzalez Napolitano Wilson (FL) Amodei Chabot Gallegly changed their vote from ‘‘no’’ to ‘‘aye.’’ Green, Al Neal Woolsey Austria Chaffetz Gardner So the amendment was rejected. Green, Gene Pallone Yarmuth Bachus Chandler Garrett The result of the vote was announced NOES—250 Barletta Coffman (CO) Gerlach as above recorded. Barrow Cole Gibbs Adams Brooks Davis (KY) Bartlett Conaway Gibson Stated for: Aderholt Broun (GA) Denham Barton (TX) Cooper Gingrey (GA) Mr. BECERRA. Mr. Chair, earlier today I Akin Buchanan Dent Bass (NH) Costa Gohmert was unavoidably detained and missed rollcall Alexander Bucshon DesJarlais Benishek Costello Goodlatte vote 906. If present, I would have voted ‘‘aye’’ Altmire Buerkle Dold Berg Cravaack Gosar Amash Burgess Donnelly (IN) Biggert Crawford Gowdy on rollcall vote 906. Austria Burton (IN) Dreier Bilbray Crenshaw Graves (GA) Stated against: Bachus Calvert Duffy Bishop (GA) Critz Graves (MO) Mr. DOLD. Mr. Chair, on rollcall No. 906 I Barletta Camp Duncan (SC) Bishop (UT) Cuellar Griffin (AR) was unavoidably detained. Had I been Barrow Canseco Duncan (TN) Black Culberson Griffith (VA) Bartlett Cantor Ellmers Blackburn Davis (KY) Grimm present, I would have voted ‘‘no.’’ Barton (TX) Capito Emerson Bonner Denham Guinta AMENDMENT NO. 2 OFFERED BY MRS. Bass (NH) Carter Farenthold Bono Mack Dent Guthrie CHRISTENSEN Benishek Cassidy Fincher Boren DesJarlais Hall The CHAIR. The unfinished business Berg Chabot Fitzpatrick Boswell Donnelly (IN) Hanna Biggert Chaffetz Flake Boustany Dreier Harper is the demand for a recorded vote on Bilbray Chandler Fleischmann Brady (TX) Duffy Harris the amendment offered by the gentle- Bilirakis Coffman (CO) Fleming Braley (IA) Duncan (SC) Hartzler woman from the Virgin Islands (Mrs. Bishop (GA) Cole Flores Brooks Duncan (TN) Hastings (WA) CHRISTENSEN) on which further pro- Bishop (UT) Conaway Fortenberry Broun (GA) Ellmers Hayworth Black Costa Foxx Buchanan Emerson Heck ceedings were postponed and on which Blackburn Costello Frelinghuysen Bucshon Farenthold Hensarling the noes prevailed by voice vote. Bonner Cravaack Gallegly Buerkle Fincher Herger The Clerk will redesignate the Bono Mack Crawford Gardner Burgess Fitzpatrick Herrera Beutler amendment. Boren Crenshaw Garrett Burton (IN) Flake Hochul Boswell Critz Gerlach Calvert Fleischmann Holden The Clerk redesignated the amend- Boustany Cuellar Gibbs Camp Fleming Huelskamp ment. Brady (TX) Culberson Gibson

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.068 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8292 CONGRESSIONAL RECORD — HOUSE December 8, 2011 Gohmert Lungren, Daniel Rokita The vote was taken by electronic de- Hastings (WA) McCotter Royce Goodlatte E. Rooney vice, and there were—ayes 165, noes 249, Hayworth McHenry Runyan Gosar Mack Ros-Lehtinen Heck McIntyre Ryan (WI) Gowdy Manzullo Roskam not voting 19, as follows: Hensarling McKeon Scalise Granger Marchant Ross (AR) [Roll No. 908] Herger McKinley Schilling Graves (GA) Marino Ross (FL) Herrera Beutler McMorris Schmidt Graves (MO) Matheson Royce AYES—165 Holden Rodgers Schock Griffin (AR) McCarthy (CA) Huelskamp Runyan Ackerman Green, Gene Pastor (AZ) Meehan Schweikert Griffith (VA) McCaul Huizenga (MI) Ryan (WI) Andrews Grijalva Payne Mica Scott (SC) Grimm McClintock Hultgren Scalise Baca Gutierrez Pelosi Miller (MI) Scott, Austin Guinta McCotter Hunter Schilling Baldwin Hahn Perlmutter Miller, Gary Sensenbrenner Guthrie McHenry Hurt Schmidt Bass (CA) Hanabusa Peters Mulvaney Sessions Hall McIntyre Issa Schock Becerra Hastings (FL) Pingree (ME) Murphy (PA) Sewell Hanna McKeon Jenkins Schrader Berkley Heinrich Polis Neugebauer Shimkus Harper McKinley Johnson (IL) Schweikert Berman Higgins Price (NC) Noem Shuster Harris McMorris Scott (SC) Johnson (OH) Nugent Bishop (NY) Himes Quigley Simpson Hartzler Rodgers Scott, Austin Johnson, Sam Nunes Blumenauer Hinojosa Rangel Smith (NE) Hastings (WA) Meehan Sensenbrenner Jones Nunnelee Brady (PA) Hochul Reichert Smith (NJ) Hayworth Mica Sessions Jordan Olson Braley (IA) Holt Reyes Smith (TX) Heck Miller (FL) Sewell Kelly Palazzo Brown (FL) Honda Richardson Southerland Hensarling Miller (MI) King (IA) Shimkus Butterfield Hoyer Richmond Paulsen Herger Miller, Gary King (NY) Stearns Shuler Capps Inslee Rothman (NJ) Pearce Herrera Beutler Mulvaney Kingston Stivers Shuster Capuano Israel Roybal-Allard Pence Holden Murphy (PA) Kinzinger (IL) Stutzman Simpson Carnahan Jackson Lee Ruppersberger Peterson Huelskamp Noem Kissell Sullivan Smith (NE) Carney (TX) Rush Petri Huizenga (MI) Nugent Kline Terry Smith (NJ) Carson (IN) Johnson (GA) Ryan (OH) Pitts Hultgren Nunes Labrador Thompson (PA) Smith (TX) Chandler Johnson, E. B. Sa´ nchez, Linda Platts Hunter Nunnelee Lamborn Thornberry Southerland Chu Kaptur T. Poe (TX) Hurt Olson Lance Tiberi Stearns Cicilline Keating Sanchez, Loretta Pompeo Issa Palazzo Landry Tipton Stivers Clarke (MI) Kildee Sarbanes Posey Jenkins Paulsen Lankford Turner (NY) Stutzman Clarke (NY) Kind Schakowsky Price (GA) Johnson (IL) Pearce Latham Turner (OH) Sullivan Clay Kucinich Schiff Quayle Johnson (OH) Pence LaTourette Upton Terry Cleaver Langevin Schrader Reed Johnson, Sam Peterson Latta Walberg Thornberry Clyburn Larsen (WA) Schwartz Rehberg Jones Petri Lewis (CA) Walden Tiberi Cohen Larson (CT) Scott (VA) Renacci Jordan Pitts LoBiondo Walsh (IL) Tipton Connolly (VA) Lee (CA) Scott, David Ribble Kelly Platts Long Walz (MN) Turner (NY) Conyers Levin Serrano Rigell King (IA) Poe (TX) Lucas Webster Turner (OH) Cooper Lewis (GA) Sherman Rivera King (NY) Pompeo Luetkemeyer West Upton Costello Lipinski Shuler Roby Kingston Posey Lummis Westmoreland Walberg Courtney Loebsack Sires Roe (TN) Kinzinger (IL) Price (GA) Lungren, Daniel Whitfield Walden Crowley Lofgren, Zoe Slaughter Rogers (AL) Kissell Quayle E. Wilson (SC) Walsh (IL) Cuellar Lowey Smith (WA) Rogers (KY) Kline Reed Mack Wittman Walz (MN) Cummings Luja´ n Speier Rogers (MI) Labrador Rehberg Manzullo Wolf Webster Davis (CA) Lynch Stark Rohrabacher Lamborn Reichert Marchant Womack West DeFazio Maloney Sutton Rokita Lance Renacci Marino Woodall Westmoreland DeGette Markey Thompson (CA) Rooney Landry Ribble Matheson Yoder Whitfield DeLauro Matsui Thompson (MS) Ros-Lehtinen Lankford Richardson McCarthy (CA) Young (AK) Wilson (SC) Deutch McCarthy (NY) Tierney Roskam Latham Rigell McCaul Young (FL) Wittman Dicks McCollum Tonko Ross (AR) Latta Rivera McClintock Wolf Dingell McDermott Towns Ross (FL) Young (IN) Lewis (CA) Roby Womack Doggett McGovern Tsongas LoBiondo Roe (TN) NOT VOTING—19 Woodall Doyle McNerney Van Hollen Long Rogers (AL) Yoder Edwards Meeks Vela´ zquez Bachmann Fudge Myrick Lucas Rogers (KY) Young (AK) Ellison Michaud Visclosky Boustany Giffords Nadler Luetkemeyer Rogers (MI) Young (FL) Engel Miller (NC) Wasserman Campbell Hinchey Olver Lummis Rohrabacher Young (IN) Eshoo Moore Schultz Castor (FL) Hirono Paul Coble Jackson (IL) NOT VOTING—24 Farr Moran Waters Rahall Fattah Murphy (CT) Watt Davis (IL) Miller (FL) Amodei Forbes Miller, George Filner Napolitano Waxman Diaz-Balart Miller, George Bachmann Franks (AZ) Myrick Frank (MA) Neal Welch ANNOUNCEMENT BY THE CHAIR Campbell Fudge Nadler Garamendi Owens Wilson (FL) Cardoza Giffords Neugebauer Gonzalez Pallone Woolsey The CHAIR (during the vote). There Castor (FL) Gingrey (GA) Olver Green, Al Pascrell Yarmuth is 1 minute remaining. Coble Hinchey Owens Davis (IL) Jackson (IL) Paul NOES—249 b 1358 Diaz-Balart LaTourette Rahall Adams Burton (IN) Fitzpatrick So the amendment was rejected. ANNOUNCEMENT BY THE CHAIR Aderholt Calvert Flake The result of the vote was announced The CHAIR (during the vote). There Akin Camp Fleischmann as above recorded. Alexander Canseco Fleming is 1 minute remaining. Altmire Cantor Flores Stated against: b 1355 Amash Capito Forbes Mr. MILLER of Florida. Mr. Chair, on rollcall Amodei Cardoza Fortenberry No. 908, had I been present, I would have So the amendment was rejected. Austria Carter Foxx voted ‘‘no.’’ The result of the vote was announced Bachus Cassidy Franks (AZ) Barletta Chabot Frelinghuysen AMENDMENT NO. 5 OFFERED BY MR. WAXMAN as above recorded. Barrow Chaffetz Gallegly The CHAIR. The unfinished business AMENDMENT NO. 4 OFFERED BY MR. MARKEY Bartlett Coffman (CO) Gardner is the demand for a recorded vote on The CHAIR. The unfinished business Barton (TX) Cole Garrett Bass (NH) Conaway Gerlach the amendment offered by the gen- is the demand for a recorded vote on Benishek Costa Gibbs tleman from California (Mr. WAXMAN) the amendment offered by the gen- Berg Cravaack Gibson on which further proceedings were tleman from Massachusetts (Mr. MAR- Biggert Crawford Gingrey (GA) Bilbray Crenshaw Gohmert postponed and on which the ayes pre- KEY ) on which further proceedings were Bilirakis Critz Goodlatte vailed by voice vote. postponed and on which the noes pre- Bishop (GA) Culberson Gosar The Clerk will redesignate the vailed by voice vote. Bishop (UT) Davis (KY) Gowdy amendment. The Clerk will redesignate the Black Denham Granger Blackburn Dent Graves (GA) The Clerk redesignated the amend- amendment. Bonner DesJarlais Graves (MO) ment. The Clerk redesignated the amend- Bono Mack Dold Griffin (AR) RECORDED VOTE ment. Boren Donnelly (IN) Griffith (VA) The CHAIR. A recorded vote has been Boswell Dreier Grimm RECORDED VOTE Brady (TX) Duffy Guinta demanded. The CHAIR. A recorded vote has been Brooks Duncan (SC) Guthrie A recorded vote was ordered. demanded. Broun (GA) Duncan (TN) Hall The CHAIR. This is a 2-minute vote. A recorded vote was ordered. Buchanan Ellmers Hanna The vote was taken by electronic de- Bucshon Emerson Harper The CHAIR. This will be a 2-minute Buerkle Farenthold Harris vice, and there were—ayes 158, noes 257, vote. Burgess Fincher Hartzler not voting 18, as follows:

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.039 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8293 [Roll No. 909] Johnson (OH) Miller, Gary Schmidt The vote was taken by electronic de- Johnson, Sam Mulvaney Schock vice, and there were—ayes 170, noes 247, AYES—158 Jones Murphy (PA) Schweikert Ackerman Grijalva Payne Jordan Neugebauer Scott (SC) not voting 16, as follows: Andrews Gutierrez Pelosi Kelly Noem Scott, Austin [Roll No. 910] Baca Hahn Peters King (IA) Nugent Sensenbrenner Baldwin Hanabusa Pingree (ME) King (NY) Nunes Sessions AYES—170 Kingston Nunnelee Bass (CA) Hanna Polis Sewell Ackerman Gonzalez Pascrell Kinzinger (IL) Olson Becerra Hastings (FL) Price (NC) Shimkus Andrews Green, Al Pastor (AZ) Kissell Palazzo Berkley Heinrich Quigley Shuler Baca Green, Gene Payne Kline Pastor (AZ) Berman Higgins Shuster Baldwin Grijalva Pelosi Rangel Labrador Paulsen Bishop (NY) Himes Barrow Gutierrez Perlmutter Reichert Lamborn Pearce Simpson Brady (PA) Hinojosa Reyes Smith (NE) Bass (CA) Hahn Peters Braley (IA) Hirono Lance Pence Richardson Smith (NJ) Becerra Hanabusa Pingree (ME) Brown (FL) Holt Landry Perlmutter Richmond Smith (TX) Berkley Hanna Polis Butterfield Honda Lankford Peterson Rothman (NJ) Southerland Berman Hastings (FL) Price (NC) Capps Hoyer Latham Petri Roybal-Allard Stearns Bishop (GA) Heinrich Quigley Capuano Inslee LaTourette Pitts Stivers Bishop (NY) Higgins Rangel Carnahan Israel Ruppersberger Latta Platts Blumenauer Himes Renacci Carney Johnson (GA) Rush Lewis (CA) Poe (TX) Stutzman Brady (PA) Hinojosa Reyes Carson (IN) Johnson, E. B. Ryan (OH) LoBiondo Pompeo Sullivan Braley (IA) Hirono Richardson Chu Kaptur Sa´ nchez, Linda Loebsack Posey Terry Brown (FL) Hochul Richmond Cicilline Keating T. Long Price (GA) Thompson (PA) Butterfield Holt Rothman (NJ) Clarke (MI) Kildee Sanchez, Loretta Lucas Quayle Thornberry Capps Honda Roybal-Allard Clarke (NY) Kind Sarbanes Luetkemeyer Reed Tiberi Capuano Hoyer Ruppersberger Clay Kucinich Schakowsky Lummis Rehberg Tipton Cardoza Inslee Rush Cleaver Langevin Schiff Lungren, Daniel Renacci Turner (NY) Carnahan Israel Ryan (OH) Clyburn Larsen (WA) Schrader E. Ribble Turner (OH) Carney Jackson Lee Sa´ nchez, Linda Cohen Larson (CT) Schwartz Mack Rigell Upton Carson (IN) (TX) T. Connolly (VA) Lee (CA) Scott (VA) Manzullo Rivera Walberg Chu Johnson (GA) Sanchez, Loretta Conyers Levin Scott, David Marchant Roby Walden Cicilline Johnson, E. B. Sarbanes Cooper Lewis (GA) Serrano Marino Roe (TN) Walsh (IL) Clarke (MI) Kaptur Matheson Rogers (AL) Schakowsky Courtney Lipinski Sherman Walz (MN) Clarke (NY) Keating McCarthy (CA) Rogers (KY) Schiff Crowley Lofgren, Zoe Sires Webster Clay Kildee McCaul Rogers (MI) Schwartz Cuellar Lowey Slaughter West Cleaver Kucinich McClintock Rohrabacher Scott (VA) Cummings Luja´ n Smith (WA) Westmoreland Clyburn Langevin McCotter Rokita Scott, David Davis (CA) Lynch Speier Whitfield Cohen Larsen (WA) DeFazio Maloney McHenry Rooney Conyers Larson (CT) Serrano Stark McIntyre Ros-Lehtinen Wilson (SC) Sewell DeGette Markey Sutton Wittman Costello Lee (CA) DeLauro Matsui McKeon Roskam Sherman Thompson (CA) Wolf Courtney Levin Deutch McCarthy (NY) McKinley Ross (AR) Shuler Thompson (MS) Womack Crowley Lewis (GA) Dicks McCollum McMorris Ross (FL) Sires Tonko Woodall Cuellar Lipinski Dingell McDermott Rodgers Royce Cummings LoBiondo Slaughter Towns Yoder Doggett McGovern Meehan Runyan Davis (CA) Lofgren, Zoe Smith (WA) Tsongas Young (AK) Doyle McNerney Mica Ryan (WI) DeFazio Lowey Stark Van Hollen Young (FL) Edwards Meeks Miller (FL) Scalise DeGette Luja´ n Sutton ´ Ellison Michaud Velazquez Miller (MI) Schilling Young (IN) DeLauro Lynch Thompson (CA) Visclosky Engel Miller (NC) NOT VOTING—18 Dent Maloney Thompson (MS) Eshoo Moore Wasserman Deutch Markey Tierney Farr Moran Schultz Bachmann Garrett Myrick Dicks Matsui Tonko Fattah Murphy (CT) Waters Campbell Giffords Nadler Doggett McCarthy (NY) Towns Filner Napolitano Watt Castor (FL) Hinchey Paul Donnelly (IN) McCollum Tsongas Frank (MA) Neal Waxman Coble Jackson (IL) Rahall Doyle McDermott Van Hollen Garamendi Olver Welch Davis (IL) Jackson Lee Tierney Edwards McGovern Vela´ zquez Gonzalez Owens Wilson (FL) Diaz-Balart (TX) Ellison McNerney Visclosky Green, Al Pallone Woolsey Fudge Miller, George Engel Meeks Walz (MN) Green, Gene Pascrell Yarmuth Eshoo Michaud Wasserman ANNOUNCEMENT BY THE CHAIR Farr Miller (NC) Schultz NOES—257 The CHAIR (during the vote). There Fattah Moore Waters Adams Cantor Franks (AZ) is 1 minute remaining. Filner Moran Watt Aderholt Capito Frelinghuysen Fitzpatrick Murphy (CT) Waxman Akin Cardoza Gallegly b 1402 Frank (MA) Napolitano Welch Alexander Carter Gardner Garamendi Neal Wilson (FL) Altmire Cassidy Gerlach So the amendment was rejected. Gerlach Olver Woolsey Amash Chabot Gibbs The result of the vote was announced Gibson Pallone Yarmuth Amodei Chaffetz Gibson as above recorded. Austria Chandler Gingrey (GA) NOES—247 Bachus Coffman (CO) Gohmert Stated for: Adams Burgess Ellmers Barletta Cole Goodlatte Ms. JACKSON LEE of Texas. Mr. Chair, on Aderholt Burton (IN) Emerson Barrow Conaway Gosar rollcall No. 909 which is on the Waxman Akin Calvert Farenthold Bartlett Costa Gowdy Alexander Camp Fincher Barton (TX) Costello Granger Amendment to the bill H.R. 1633, I was de- Altmire Canseco Flake Bass (NH) Cravaack Graves (GA) tained with official matters pertaining to my of- Amash Cantor Fleischmann Benishek Crawford Graves (MO) fice and failed to make the vote. Had I been Amodei Capito Fleming Berg Crenshaw Griffin (AR) present, I would have voted ‘‘aye.’’ Austria Carter Flores Biggert Critz Griffith (VA) Bachus Cassidy Forbes Bilbray Culberson Grimm AMENDMENT NO. 8 OFFERED BY MR. AL GREEN Barletta Chabot Fortenberry Bilirakis Davis (KY) Guinta OF TEXAS Bartlett Chaffetz Foxx Bishop (GA) Denham Guthrie The CHAIR. The unfinished business Barton (TX) Chandler Franks (AZ) Bishop (UT) Dent Hall Bass (NH) Coffman (CO) Frelinghuysen Black DesJarlais Harper is the demand for a recorded vote on Benishek Cole Gallegly Blackburn Dold Harris the amendment offered by the gen- Berg Conaway Gardner Blumenauer Donnelly (IN) Hartzler tleman from Texas (Mr. AL GREEN) on Biggert Connolly (VA) Garrett Bonner Dreier Hastings (WA) Bilbray Cooper Gibbs Bono Mack Duffy Hayworth which further proceedings were post- Bilirakis Costa Gingrey (GA) Boren Duncan (SC) Heck poned and on which the noes prevailed Bishop (UT) Cravaack Gohmert Boswell Duncan (TN) Hensarling by voice vote. Black Crawford Goodlatte Boustany Ellmers Herger The Clerk will redesignate the Blackburn Crenshaw Gosar Brady (TX) Emerson Herrera Beutler Bonner Critz Gowdy Brooks Farenthold Hochul amendment. Bono Mack Culberson Granger Broun (GA) Fincher Holden The Clerk redesignated the amend- Boren Davis (KY) Graves (GA) Buchanan Fitzpatrick Huelskamp ment. Boswell Denham Graves (MO) Bucshon Flake Huizenga (MI) Boustany DesJarlais Griffin (AR) Buerkle Fleischmann Hultgren RECORDED VOTE Brady (TX) Dingell Griffith (VA) Burgess Fleming Hunter The CHAIR. A recorded vote has been Brooks Dold Grimm Burton (IN) Flores Hurt demanded. Broun (GA) Dreier Guinta Calvert Forbes Issa Buchanan Duffy Guthrie Camp Fortenberry Jenkins A recorded vote was ordered. Bucshon Duncan (SC) Hall Canseco Foxx Johnson (IL) The CHAIR. This is a 2-minute vote. Buerkle Duncan (TN) Harper

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.048 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8294 CONGRESSIONAL RECORD — HOUSE December 8, 2011 Harris McCaul Roskam ment adopted in the Committee of the of the bill are no laughing matter. The Hartzler McClintock Ross (AR) Hastings (WA) McCotter Ross (FL) Whole. truth is the EPA does not currently Hayworth McHenry Royce The SPEAKER pro tempore. Under regulate farm dust. This bill would pre- Heck McIntyre Runyan the rule, the previous question is or- vent a regulation that doesn’t actually Hensarling McKeon Ryan (WI) dered. exist from overseeing something unde- Herger McKinley Scalise Herrera Beutler McMorris Schilling Is a separate vote demanded on any fined. Holden Rodgers Schmidt amendment to the amendment re- b 1410 Huelskamp Meehan Schock ported from the Committee of the Huizenga (MI) Mica Schrader Whole? Also, EPA Administrator Lisa Jack- Hultgren Miller (FL) Schweikert If not, the question is on the com- son has said unequivocally that she Hunter Miller (MI) Scott (SC) does not intend to regulate farm dust Hurt Miller, Gary Scott, Austin mittee amendment in the nature of a in the future. Issa Mulvaney Sensenbrenner substitute, as amended. But to add insult to injury, the con- Jenkins Murphy (PA) Sessions The amendment was agreed to. Johnson (IL) Neugebauer Shimkus sequences of this proposed solution The SPEAKER pro tempore. The Johnson (OH) Noem Shuster could be devastating. The bill that Johnson, Sam Nugent Simpson question is on the engrossment and Jones Nunes Smith (NE) came out of the Energy and Commerce third reading of the bill. Committee could be interpreted broad- Jordan Nunnelee Smith (NJ) The bill was ordered to be engrossed Kelly Olson Smith (TX) ly to limit existing and future Clean Kind Owens Southerland and read a third time, and was read the Air Act public health protections for King (IA) Palazzo Stearns third time. King (NY) Paulsen Stivers different pollutants. MOTION TO RECOMMIT Kingston Pearce Stutzman This final amendment that I offer Kinzinger (IL) Pence Sullivan Ms. DEGETTE. Mr. Speaker, I have a today offers us the chance to protect Kissell Peterson Terry motion to recommit at the desk. our children and our grandchildren Kline Petri Thompson (PA) The SPEAKER pro tempore. Is the Labrador Pitts Thornberry from asbestos, lead, cadmium, and Lamborn Platts Tiberi gentlewoman opposed to the bill? other toxic air pollutants. I want to be Lance Poe (TX) Tipton Ms. DEGETTE. Yes, sir, most defi- clear: this is the final amendment to Landry Pompeo Turner (NY) nitely I am. the bill; and even though I’d like to, it Lankford Posey Turner (OH) The SPEAKER pro tempore. The Latham Price (GA) Upton will not kill the bill or send it back to LaTourette Quayle Walberg Clerk will report the motion to recom- committee. If adopted, it would then be Latta Reed Walden mit. voted on at final passage, as amended. Lewis (CA) Rehberg Walsh (IL) The Clerk read as follows: Now, Mr. Speaker, if we are going to Loebsack Reichert Webster Long Ribble West Ms. DeGette moves to recommit the bill adopt this bill, we should make sure Lucas Rigell Westmoreland H.R. 1633 to the Committee on Energy and that we don’t inadvertently roll back Luetkemeyer Rivera Whitfield Commerce with instructions to report the EPA rules relating to toxic dust con- Lummis Roby Wilson (SC) same back to the House forthwith, with the taining cadmium, lead, and asbestos. Lungren, Daniel Roe (TN) Wittman following amendment: E. Rogers (AL) Wolf This should be something all of us can At the end of the bill, add the following agree on. Currently, the bill exempts Mack Rogers (KY) Womack section: Manzullo Rogers (MI) Woodall particulate matter from regulation Marchant Rohrabacher Yoder SEC. 4. PROTECTING THE PUBLIC FROM TOXIC under the Clean Air Act if it is natural Marino Rokita Young (AK) DUST THAT CAUSES CANCER AND Matheson Rooney Young (FL) BRAIN DAMAGE. material, commonly produced in rural McCarthy (CA) Ros-Lehtinen Young (IN) Nothing in this Act or the amendment areas, and is not produced by combus- made by this Act shall prohibit the Adminis- tion. NOT VOTING—16 trator of the Environmental Protection Asbestos is a natural material. Ac- Bachmann Fudge Nadler Agency from proposing, finalizing, imple- tivities involving asbestos are consid- Campbell Giffords Paul menting, or enforcing any regulation pro- Castor (FL) Hinchey ered typical in rural areas, and asbes- Rahall mulgated under the Clean Air Act (42 U.S.C. Coble Jackson (IL) Speier tos emissions from mining and demoli- Davis (IL) Miller, George 7401 et seq.) relating to emissions in particu- tion do not involve combustion. Unfor- Diaz-Balart Myrick late form of cadmium, lead, or asbestos, in- tunately, asbestos is also a known car- cluding vermiculite asbestos released from ANNOUNCEMENT BY THE CHAIR mining activities and asbestos released from cinogen. The CHAIR (during the vote). There demolition and renovation activities. What would happen if we exempted is 1 minute remaining. asbestos from the Clean Air Act? The SPEAKER pro tempore. The gen- We already know. To see the realities tlewoman from Colorado is recognized b 1405 of asbestos, a natural material, we for 5 minutes. So the amendment was rejected. could simply ask the rural families of Ms. DEGETTE. Thank you, Mr. Libby, Montana. The result of the vote was announced Speaker. In 2009 the Environmental Protection as above recorded. Really? Really, Mr. Speaker? Agency declared a public health emer- The CHAIR. The question is on the With 1 week left in the legislative gency in Libby after decades of asbes- committee amendment in the nature of session, we’ve spent an entire day de- tos exposure from local mines. Even a substitute, as amended. bating about a bill that does not ad- though the vermiculite asbestos mine The amendment was agreed to. dress an existing problem; and with the closed in 1990, the EPA believes that The CHAIR. Under the rule, the Com- continuing resolution expiring 1 week current conditions continue to present mittee rises. from tomorrow, we’re not working on significant ongoing threats to public Accordingly, the Committee rose; an appropriations bill to keep our gov- health. There remain significantly and the Speaker pro tempore (Mr. ernment operating? We’re not here higher rates of asbestos-related disease WOODALL) having assumed the chair, today voting on an extenders bill that in Libby compared with the national Mr. WOMACK, Chair of the Committee would extend the payroll tax cut for average. of the Whole House on the state of the middle Americans just as the economy Too bad the managers of the mine Union, reported that that Committee, begins to recover? told their workers that the dust they having had under consideration the bill Really? inhaled daily was just ‘‘nuisance dust’’ (H.R. 1633) to establish a temporary We’re not voting on extending unem- and would have no permanent effects. prohibition against revising any na- ployment benefits to help struggling H.R. 1633 would also exempt lead and tional ambient air quality standard ap- families stay afloat while they con- cadmium particulate emissions from plicable to coarse particulate matter, tinue to look for work? the Clean Air Act. Because lead and to limit Federal regulation of nuisance Really, Mr. Speaker? cadmium are natural materials, activi- dust in areas in which such dust is reg- And once again, we’re not doing one ties involving lead and cadmium, such ulated under State, tribal, or local law, thing today to put Americans back to as cement kilns and smelters, are typ- and for other purposes, and, pursuant work? ical in rural areas; and activities at ce- to House Resolution 487, reported the Unfortunately, as ridiculous as to- ment kilns and smelters produce lead bill back to the House with an amend- day’s effort has been, the consequences and cadmium without combustion.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8295 Sounds safe; right? after the enactment of this legislation, Filner Lowey Sa´ nchez, Linda Unfortunately, cadmium is a known and it defines and exempts nuisance Frank (MA) Luja´ n T. Garamendi Lynch Sanchez, Loretta human carcinogen. Exposure to cad- dust. Gonzalez Maloney Sarbanes mium may cause lung, kidney, pros- So why do we need this bill? People Green, Al Markey Schakowsky tate, and bladder cancer. are saying that Lisa Jackson has said Green, Gene Matsui Schiff Grijalva McCarthy (NY) Schrader Lead is a potent neurotoxin. Infants she is not going to regulate PM10. Gutierrez McCollum and young children are especially sen- Schwartz That is true. She has said that. Yet Hahn McDermott Scott (VA) Hanabusa McGovern sitive to even low levels of lead, which we know that many of the environ- Scott, David Hastings (FL) McNerney may contribute to behavioral problems Serrano mental decisions in America today are Heinrich Meeks Sewell like learning deficits and lower IQs. made by people and groups and entities Higgins Michaud Is that what this distinguished body that file lawsuits against the EPA. Himes Miller (NC) Sherman really wants to do, actively take steps Hinojosa Moore Shuler Every time that has happened recently, Sires to cause behavioral problems, learning Hirono Moran the EPA has run and entered into a Hochul Murphy (CT) Slaughter deficiencies and lower IQs in our Na- consent decree, and then it has paid Holt Napolitano Smith (WA) tion’s rural children? the legal fees for the entity that has Honda Neal Speier Mr. Speaker, this entire session of Hoyer Olver Stark brought the lawsuit, which is exactly Inslee Pallone Sutton Congress has felt to many of us like a what we are afraid is going to happen Israel Pascrell Thompson (CA) trip into Alice’s Wonderland. While our in this instance. In this way, we can Jackson Lee Pastor (AZ) Thompson (MS) Nation struggles with a devastating pass this legislation and make certain (TX) Payne Tierney economy, we do nothing about jobs or Johnson (GA) Pelosi Tonko that local governments, State govern- Johnson, E. B. Perlmutter about getting Americans back to work. Towns ments, and tribal governments will de- Kaptur Peters Tsongas Instead, we repeatedly fall down the cide this issue of nuisance dust. Keating Pingree (ME) Van Hollen Kildee Polis rabbit hole of extreme legislation. Vela´ zquez Now, some people have said, Oh, my Kind Price (NC) Visclosky Now, with this so-called Farm Dust God, this dust is so dangerous to one’s Kucinich Quigley Wasserman Regulation Prevention Act, it seems health, and it includes all sorts of sub- Langevin Rangel that we’re even having tea with the Larsen (WA) Reyes Schultz stances. Waters Cheshire Cat. Larson (CT) Richardson I might remind everyone that one of Lee (CA) Richmond Watt To paraphrase our friend, the Chesh- the authors of the EPA’s most recent Levin Rothman (NJ) Waxman ire Cat: We’re all mad here. I’m mad. Integrated Science Assessment for Par- Lewis (GA) Roybal-Allard Welch You’re mad. You must be mad or you Lipinski Ruppersberger Wilson (FL) ticulate Matter testified before our Loebsack Rush Woolsey wouldn’t have come here. committee. He said, as to the long- Lofgren, Zoe Ryan (OH) Yarmuth Sadly, for the American people, H.R. term effects of coarse particles, there 1633 simply underscores the madness of is not one shred of evidence in support NOES—252 this body right now. It’s a mad solution of long-term health effects. Adams Dent Hurt to an imaginary problem. This is a commonsense piece of legis- Aderholt DesJarlais Issa Akin Dold Jenkins Vote ‘‘no.’’ lation. It protects jobs in America, and Mr. WHITFIELD. Mr. Speaker, I Alexander Donnelly (IN) Johnson (IL) it protects our exports. So I would urge Altmire Dreier Johnson (OH) claim time in opposition to the mo- everyone to vote against the motion to Amash Duffy Johnson, Sam tion. recommit. Amodei Duncan (SC) Jones The SPEAKER pro tempore. The gen- Austria Duncan (TN) Jordan I yield back the balance of my time. Bachus Ellmers Kelly tleman from Kentucky is recognized The SPEAKER pro tempore. Without Barletta Emerson King (IA) for 5 minutes. objection, the previous question is or- Barrow Farenthold King (NY) Mr. WHITFIELD. American farmers, Bartlett Fincher Kingston ranchers and other rural businesses, dered on the motion to recommit. Barton (TX) Fitzpatrick Kinzinger (IL) Bass (NH) Flake Kissell like many other sectors of this econ- There was no objection. The SPEAKER pro tempore. The Benishek Fleischmann Kline omy, have faced an onslaught of EPA Berg Fleming Labrador regulations—regulations that are cost- question is on the motion to recommit. Biggert Flores Lamborn ly and that make it more difficult to The question was taken; and the Bilbray Forbes Lance Speaker pro tempore announced that Bilirakis Fortenberry Landry create jobs in America at a time when Bishop (UT) Foxx Lankford America needs jobs. the noes appeared to have it. Black Franks (AZ) Latham The Congressional Research Service RECORDED VOTE Blackburn Frelinghuysen LaTourette Bonner Gallegly Latta recently reported that agriculture Ms. DEGETTE. Mr. Speaker, I de- Bono Mack Gardner Lewis (CA) alone has been facing new Clean Air mand a recorded vote. Boren Garrett LoBiondo Act greenhouse gas standards; engine A recorded vote was ordered. Boswell Gerlach Long emission standards; National Ambient Boustany Gibbs Lucas The SPEAKER pro tempore. Pursu- Brady (TX) Gibson Luetkemeyer Air Quality Standards for ozone and ant to clause 9 of rule XX, the Chair Brooks Gingrey (GA) Lummis particulates; Clean Water Act permit- will reduce to 5 minutes the minimum Broun (GA) Gohmert Lungren, Daniel ting and other requirements; Super- time for any electronic vote on the Buchanan Goodlatte E. Bucshon Gosar Mack fund reporting requirements; and regu- question of passage. Buerkle Gowdy Manzullo lations for disclosure, permitting and The vote was taken by electronic de- Burgess Granger Marchant other regulatory requirements related vice, and there were—ayes 166, noes 252, Burton (IN) Graves (GA) Marino to the use of pesticides. Calvert Graves (MO) Matheson not voting 15, as follows: Camp Griffin (AR) McCarthy (CA) There are 2.2 million farms in Amer- [Roll No. 911] Canseco Griffith (VA) McCaul ica. There are 1.8 million people em- Cantor Grimm McClintock AYES—166 ployed by those farms. Those farms Capito Guinta McCotter Ackerman Carnahan Cuellar Cardoza Guthrie McHenry provide 5 percent of the exports from Andrews Carney Cummings Carter Hall McIntyre America, and they provide $154 billion Baca Carson (IN) Davis (CA) Cassidy Hanna McKeon to our economy. Baldwin Chu DeFazio Chabot Harper McKinley This legislation that we have on the Bass (CA) Cicilline DeGette Chaffetz Harris McMorris Becerra Clarke (MI) DeLauro Chandler Hartzler Rodgers floor today has the support of 120 Berkley Clarke (NY) Deutch Coffman (CO) Hastings (WA) Meehan Democrats and Republicans, and we Berman Clay Dicks Cole Hayworth Mica have over 197 organizations rep- Bishop (GA) Cleaver Dingell Conaway Heck Miller (FL) Bishop (NY) Clyburn Doggett Costa Hensarling Miller (MI) resenting rural America that support Blumenauer Cohen Doyle Cravaack Herger Miller, Gary this legislation. The bill is very simple. Brady (PA) Connolly (VA) Edwards Crawford Herrera Beutler Mulvaney It does not change any of the existing Braley (IA) Conyers Ellison Crenshaw Holden Murphy (PA) EPA regulations. It just says that the Brown (FL) Cooper Engel Critz Huelskamp Neugebauer Butterfield Costello Eshoo Culberson Huizenga (MI) Noem EPA cannot change its PM10 standard Capps Courtney Farr Davis (KY) Hultgren Nugent for coarse material earlier than 1 year Capuano Crowley Fattah Denham Hunter Nunes

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.082 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8296 CONGRESSIONAL RECORD — HOUSE December 8, 2011 Nunnelee Rohrabacher Stutzman Granger Mack Ross (AR) Richardson Scott, David Tsongas Olson Rokita Sullivan Graves (GA) Manzullo Ross (FL) Richmond Serrano Van Hollen Owens Rooney Terry Graves (MO) Marchant Royce Rothman (NJ) Sherman Vela´ zquez Palazzo Ros-Lehtinen Thompson (PA) Green, Gene Marino Runyan Roybal-Allard Sires Visclosky Paulsen Roskam Thornberry Griffin (AR) Matheson Ryan (OH) Ruppersberger Slaughter Wasserman Pearce Ross (AR) Tiberi Griffith (VA) McCarthy (CA) Ryan (WI) Rush Smith (WA) Schultz ´ Pence Ross (FL) Tipton Grimm McCaul Sanchez, Loretta Sanchez, Linda Speier Waters Peterson Royce Turner (NY) Guinta McClintock Scalise T. Stark Watt Petri Runyan Sarbanes Sutton Waxman Turner (OH) Guthrie McCotter Schilling Pitts Ryan (WI) Hall McHenry Schakowsky Thompson (CA) Welch Upton Schmidt Platts Scalise Walberg Hanna McIntyre Schiff Tierney Wilson (FL) Poe (TX) Schilling Schock Schwartz Tonko Woolsey Walden Harper McKeon Pompeo Schmidt Harris McKinley Schrader Scott (VA) Towns Yarmuth Walsh (IL) Posey Schock Hartzler McMorris Schweikert Walz (MN) Price (GA) Schweikert Hastings (WA) Rodgers Scott (SC) NOT VOTING—15 Webster Quayle Scott (SC) Hayworth Meehan Scott, Austin Bachmann Diaz-Balart Miller, George West Reed Scott, Austin Heck Mica Sensenbrenner Campbell Fudge Myrick Westmoreland Rehberg Sensenbrenner Hensarling Miller (FL) Sessions Castor (FL) Giffords Nadler Reichert Sessions Whitfield Herger Miller (MI) Sewell Coble Hinchey Paul Renacci Shimkus Wilson (SC) Herrera Beutler Miller, Gary Shimkus Davis (IL) Jackson (IL) Rahall Ribble Shuster Wittman Hochul Mulvaney Shuler Rigell Simpson Wolf Holden Murphy (PA) Shuster b 1444 Rivera Smith (NE) Womack Huelskamp Neugebauer Simpson Ms. JACKSON LEE of Texas and Mr. Roby Smith (NJ) Woodall Huizenga (MI) Noem Smith (NE) Roe (TN) Smith (TX) Yoder Hultgren Nugent Smith (NJ) HOYER changed their vote from ‘‘aye’’ Young (AK) Rogers (AL) Southerland Hunter Nunes Smith (TX) to no.’’ Rogers (KY) Stearns Young (FL) Hurt Nunnelee Southerland Rogers (MI) Stivers Young (IN) Issa Olson So the bill was passed. Stearns Jenkins Owens The result of the vote was announced Stivers NOT VOTING—15 Johnson (IL) Palazzo Stutzman as above recorded. Bachmann Diaz-Balart Miller, George Johnson (OH) Paulsen Sullivan A motion to reconsider was laid on Campbell Fudge Myrick Johnson, Sam Pearce Castor (FL) Giffords Nadler Jones Pence Terry the table. Thompson (MS) Coble Hinchey Paul Jordan Peterson f Davis (IL) Jackson (IL) Rahall Kelly Petri Thompson (PA) Kind Pitts Thornberry MESSAGE FROM THE SENATE King (IA) Platts Tiberi b 1436 King (NY) Poe (TX) Tipton A message from the Senate by Ms. Ms. HAYWORTH changed her vote Kingston Pompeo Turner (NY) Curtis, one of its clerks, announced Kinzinger (IL) Posey Turner (OH) that the Senate has passed without from ‘‘aye’’ to ‘‘no.’’ Kissell Price (GA) Upton So the motion to recommit was re- Kline Quayle Walberg amendment a bill of the House of the jected. Labrador Reed Walden following title: Lamborn Rehberg Walsh (IL) H.R. 470. An act to further allocate and ex- The result of the vote was announced Lance Reichert Walz (MN) pand the availability of hydroelectric power as above recorded. Landry Renacci Webster Lankford Ribble generated at Hoover Dam, and for other pur- The SPEAKER pro tempore. The West Latham Rigell poses. Westmoreland question is on the passage of the bill. LaTourette Rivera Whitfield The question was taken; and the Latta Roby f Lewis (CA) Roe (TN) Wilson (SC) Speaker pro tempore announced that Wittman REMOVAL OF NAME OF MEMBER the noes appeared to have it. LoBiondo Rogers (AL) Loebsack Rogers (KY) Wolf AS COSPONSOR OF H.R. 3538 RECORDED VOTE Long Rogers (MI) Womack Woodall Mr. MICA. Mr. Speaker, I ask unani- Ms. DEGETTE. Mr. Speaker, I de- Lucas Rohrabacher Luetkemeyer Rokita Yoder mous consent that the gentleman from mand a recorded vote. Lummis Rooney Young (AK) Tennessee (Mr. COOPER) be removed as A recorded vote was ordered. Lungren, Daniel Ros-Lehtinen Young (FL) a cosponsor from H.R. 3538. The SPEAKER pro tempore. This E. Roskam Young (IN) The SPEAKER pro tempore. Is there will be a 5-minute vote. NOES—150 objection to the request of the gen- The vote was taken by electronic de- tleman from Florida? vice, and there were—ayes 268, noes 150, Ackerman Doggett Lee (CA) Andrews Doyle Levin There was no objection. not voting 15, as follows: Baldwin Edwards Lewis (GA) f [Roll No. 912] Bass (CA) Ellison Lipinski Becerra Engel Lofgren, Zoe PRAY FOR VICTIMS OF VIRGINIA AYES—268 Berkley Eshoo Lowey Adams Broun (GA) Dold Berman Farr Luja´ n TECH SHOOTING Aderholt Buchanan Donnelly (IN) Bishop (NY) Fattah Lynch (Mr. GRIFFITH of Virginia asked and Akin Bucshon Dreier Blumenauer Filner Maloney Alexander Buerkle Duffy Brady (PA) Frank (MA) Markey was given permission to address the Altmire Burgess Duncan (SC) Brown (FL) Gonzalez Matsui House for 1 minute.) Amash Burton (IN) Duncan (TN) Butterfield Green, Al McCarthy (NY) Mr. GRIFFITH of Virginia. I ask ev- Amodei Calvert Ellmers Capps Grijalva McCollum eryone here and across the Nation to Austria Camp Emerson Capuano Gutierrez McDermott Baca Canseco Farenthold Carnahan Hahn McGovern pray for those individuals at Virginia Bachus Cantor Fincher Carney Hanabusa McNerney Tech in Blacksburg, Virginia, who are Barletta Capito Fitzpatrick Carson (IN) Hastings (FL) Meeks currently dealing with the shootings Barrow Cardoza Flake Chu Heinrich Michaud Bartlett Carter Fleischmann Cicilline Higgins Miller (NC) that took place there today and the Barton (TX) Cassidy Fleming Clarke (MI) Himes Moore two people who, regrettably, have Bass (NH) Chabot Flores Clarke (NY) Hinojosa Moran passed away. Benishek Chaffetz Forbes Clay Hirono Murphy (CT) Berg Chandler Fortenberry Cleaver Holt Napolitano f Biggert Coffman (CO) Foxx Clyburn Honda Neal Bilbray Cole Franks (AZ) Cohen Hoyer Olver LEGISLATIVE PROGRAM Bilirakis Conaway Frelinghuysen Connolly (VA) Inslee Pallone (Mr. HOYER asked and was given Bishop (GA) Costa Gallegly Conyers Israel Pascrell Bishop (UT) Costello Garamendi Cooper Jackson Lee Pastor (AZ) permission to address the House for 1 Black Cravaack Gardner Courtney (TX) Payne minute.) Blackburn Crawford Garrett Crowley Johnson (GA) Pelosi Mr. HOYER. Mr. Speaker, before Bonner Crenshaw Gerlach Cummings Johnson, E. B. Perlmutter Bono Mack Critz Gibbs Davis (CA) Kaptur Peters yielding to the majority leader to in- Boren Cuellar Gibson DeFazio Keating Pingree (ME) quire about the schedule for the week Boswell Culberson Gingrey (GA) DeGette Kildee Polis to come, let me say I join with the gen- Boustany Davis (KY) Gohmert DeLauro Kucinich Price (NC) tleman from Virginia, and I know cer- Brady (TX) Denham Goodlatte Deutch Langevin Quigley Braley (IA) Dent Gosar Dicks Larsen (WA) Rangel tainly Mr. CANTOR, who also represents Brooks DesJarlais Gowdy Dingell Larson (CT) Reyes Virginia, but the entire country as

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.050 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8297 well. We don’t know the facts yet. We If the gentleman will continue to ticularly the unemployment insurance don’t know exactly what’s happened. yield, Mr. Speaker, I want to take a and the payroll tax extension, which But the information I have is that two minute to highlight a bipartisan event we believe are critical before we end people may well have lost their lives at that took place here in the Capitol this this year. So we’re pleased to see that this point in time. We certainly want week. legislation moving forward. But I will to send our deepest sympathies to Vir- b 1450 tell my friend that I would be pleased ginia Tech and to the families that are to participate in discussions with him affected by this incident and hope sin- Yesterday the Democratic whip and I so that we can assure that that bill cerely that there is no further loss of hosted the first-ever Facebook will in fact pass and, hopefully, pass in life. Hackathon, allowing private sector a bipartisan fashion. On that issue, let me yield to the ma- programmers and software developers I want to tell the gentleman that I’m jority leader, who I know will want to to get together with us to work on a little bit concerned, and I want to say something as well. ways to utilize social media in making ask him whether this principle will be Mr. CANTOR. Mr. Speaker, I thank Congress more accessible to the public. followed. I think I used this quote last the gentleman from Maryland, the I’m happy to report that over 200 devel- week, but it bears repeating. Speaker Democratic whip, for yielding. opers from all over the country partici- BOEHNER said: I too want to join the gentleman in pated in this bipartisan event and We will end the practice of packaging expressing our sorrow and extending shared their ideas. unpopular bills with must-pass legisla- our thoughts and prayers to those in I thank the gentleman for joining me tion to circumvent the will of the the Hokie Nation in Blacksburg who, and for his help in facilitating this American people. Instead, we will ad- unfortunately, have endured more pain noteworthy cause, and I look forward vance major legislation one issue at a today, reminiscent of the pain that so to working with him to continue to time. many have felt in that fine university make Congress a more transparent and That was in the Republican Pledge as in the past. Hopefully, things can look accessible institution for the people well, and the Speaker has reiterated up. I know that there are reports that who have sent us here. that at the beginning of this session. law enforcement was involved. We also Mr. HOYER. I thank the gentleman Now, I am concerned because Repub- want to extend our thanks to law en- for his comments and his leadership on lican Study Committee Chairman JIM forcement in that community as well the Hackathon event that occurred JORDAN of Ohio is quoted in The Wash- as everywhere else in this country— yesterday. ington Post as saying the following: certainly in this Capitol—for what in- He and I both had the opportunity to ‘‘The fact the President doesn’t like dividuals of the Capitol Police and address a large number of—over 250, I it’’—the ‘‘it’’ referring to the Keystone other police forces across the country think—individuals who were there who pipeline provision, which we under- do for us every single day. will, in fact, bring their expertise, their stand is under discussion. I’m glad to Again, we express our sorrow to those technical knowledge to bear on what hear those discussions have not con- who are mourning the loss of life and the gentleman referenced as making cluded. But he again quoted, ‘‘The fact extend our thoughts to President our institution more accessible and that the President doesn’t like it Steger at Virginia Tech and to that transparent to our citizens. We all be- makes me like it even more . . . said of community. lieve, I think, that doing that will the GOP leadership proposal as he left I do thank the gentleman from Mary- make the products that we produce Thursday morning’s closed-door meet- land for yielding. better and make citizens better able to Mr. Speaker, on Monday, the House ing.’’ make judgments on the work that we will meet at noon for morning hour and I will say to my friend that we are at do. 2 p.m. for legislative business. Votes the end of the session. We are hopeful, So I want to thank the gentleman will be postponed until 6:30 p.m. as I have said—and as we have dem- At this point, the House is scheduled and his staff for their leadership on onstrated on the two CRs and the debt to be in session for the remainder of this effort. We were glad to join in extension and on the minibus appro- the week, with a weekend session pos- that. priation bill that we passed—that we sible. Per our usual weekly schedule, I Mr. Speaker, I understand that the are prepared to respond in a bipartisan would expect morning hour on most unemployment insurance, the payroll fashion to assist in passing must-pass days to begin at 10 a.m. and legislative tax issue, which will continue to give legislation and would hope very much business to start by noon. However, be- the middle class tax cuts to those who that we don’t put controversial items cause this will likely be our last week need it most, the unemployment, in that. The President has clearly an- in session prior to the end of the year, which will keep millions of people from nunciated that he will veto a bill that the daily convening times may fluc- losing their unemployment, as well as has the Keystone pipeline. tuate to accommodate our year-end the physician adjustment are scheduled I will say, as my friend clearly business. next week. It’s my understanding that knows, there is bipartisan concern—as I can assure Members, however, that that bill has not been filed yet. a matter of fact, the Governor of Ne- we do not expect votes on Tuesday, De- Can the gentleman tell me when he braska, a Republican, and the Repub- cember 13, prior to 1 p.m. That is as far believes that bill will be filed? lican legislature, which although nomi- as Tuesday, December 13 is concerned. Mr. CANTOR. Mr. Speaker, I would nally nonpartisan, as the gentleman Mr. Speaker, our legislative business respond to the gentleman by saying knows, is two-thirds Republican, one- next week will include a number of sus- that we are still in discussion about third Democrat, have all voted to delay pensions, a complete list of which will that bill and in drafting; and we do in- this project because of their concern be announced by the close of business tend to abide by our necessary 3-day about the aquifer and the impact that tomorrow. In addition, we expect to notice period so that all sides and all the Keystone pipeline, as currently consider a conference report on the re- Members, as well as the public, can platted, will have in reference to the maining appropriations bills for FY12 enjoy their right to know what will be aquifer, so that there is a bipartisan as well as a conference report for the in that legislation. But the gentleman concern. National Defense Authorization Act. I is correct, we do expect that bill on the As the gentleman knows, as a result want to thank both Chairman HAL floor next week. of Nebraska’s passing legislation which ROGERS and Chairman BUCK MCKEON Mr. HOYER. I thank the gentleman said they wanted to do a study on the for their incredibly hard work through- for that comment. aquifer and alternative siting of the out the year. I have had discussions with the gen- Keystone pipeline course, that that Finally, we anticipate a vote on a tleman, and with Mr. MCCARTHY in par- study would take them 5 to 6 to 7 year-end package of expiring laws that ticular—and also briefly with the months, as a result, the President indi- will include extensions of the payroll Speaker—that we are certainly pre- cated they would give time to the Ne- tax holiday, unemployment benefits, pared to participate in discussions braska Governor and the Nebraska and the physician reimbursement leading towards a successful passage of Legislature—again, Republican or- issue. those three pieces of legislation, par- gans—to look at that, has given them

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.087 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8298 CONGRESSIONAL RECORD — HOUSE December 8, 2011 additional time and said he won’t act jobs may be affected by extending the Mr. CANTOR. I’d just say to the gen- until the beginning of 2013. unemployment insurance. tleman I’ve already responded to the I ask the gentleman, does he believe In addition to that, I tell my friend, notion of issues arising in Nebraska that provision—I understand what Mr. the President has offered a jobs bill. I that I am told have been resolved, so JORDAN says. It may be a nice political know that you’re concerned about jobs. the issue that he is concerned about gesture, but I would hope that that The pipeline bill, in and of itself, is has apparently been resolved. would not be the kind of provision that about 5,000 to 6,000 jobs over the life- I would say to the gentleman there would be included in the legislation, time of the pipeline. The jobs bill, are 47 Members on his side of the aisle, whether it’s individual bills or a com- economists tell us, is 1 million jobs, or including five ranking members of prehensive bill, including those three 200 times as many jobs. Notwith- committees, that have supported the items that hopefully we can pass in a standing that, very frankly, that has measure allowing for the construction bipartisan fashion. been languishing since September and proceeding on the Keystone pipeline. I yield to my friend. not brought to this floor. There’s no gratuitous move here. It’s Mr. CANTOR. Mr. Speaker, I thank So it seems to me that, if we are real- an attempt to try and bring the two the gentleman. ly interested—and I think you are—in sides together on the most important I understand the point he is trying to extending unemployment insurance issue, which is creating jobs. This is a make. and providing for a continued tax cut provision that I believe has been dem- Mr. HOYER. If I may, I thought I did for middle-income Americans and for onstrated has support on both sides of make the point. providing for the payment of doctors the aisle. Mr. CANTOR. Well, you may have who are serving Medicare patients, Again, Mr. Speaker, I would hope the made the point. that we not include in that bill an item gentleman could refrain from trying to Maybe, Mr. Speaker, what I’m trying that apparently is popular on your side say and impute motives here. We’re to say is that I disagree with the gen- just because the President doesn’t like trying to work in a fashion—open, tleman, that if the provisions dealing it, according to Mr. JORDAN. transparent, together so that we don’t with the Keystone pipeline are in the come to any kind of end that doesn’t b 1500 measure that makes it to the floor that produce a result for the people. That’s we shouldn’t join together and do what I think that’s not the way we ought it. was done in the past, and that is dem- to be operating. The last 7 days of the Again, I appreciate the gentleman’s onstrate a strong bipartisan vote in session, or 5 days, 6 days, 7, assuming sentiments. support of that project. Because, as the we went through Sunday, we shouldn’t Mr. HOYER. I thank the gentleman. I gentleman knows, organized labor in be doing that, I suggest respectfully to was quoting, not imputing. Mr. JOR- this country is very supportive of that my friend, the majority leader, because DAN’s comments seem to be pretty bill, of that provision. It means imme- it will simply put us back into the situ- clear. diate jobs. The President continues to ation the American public doesn’t want Before we conclude, the STOCK Act, say he is for creating jobs, doing all we us in, and that’s confronting one an- TIM WALZ had a bill that was ready for can to get America back to work. This other, playing chicken with one an- markup in the committee. We under- is a provision that allows for that. other, bringing us to the precipice of stand that was pulled. We also have seen, Mr. Speaker, in defeat and lack of success. As you know, that bill has 220 co- response to the gentleman’s concerns The public doesn’t want us there. We sponsors and is a bipartisan sponsor- about Nebraska and the issues raised shouldn’t want us there. And I would ship. It simply says that Members by its Governor as well as its State leg- urge the gentleman not to include should not use insider information to islature, I believe and am told that items, as I have urged you with respect trade with, information the general there have been many discussions in to the appropriation bills that also public may not have about legislation which an alternative route has been de- must be passed. That’s not in this list, that may or may not be reported or termined, and there is agreement on but you did mention it, of course, in passed to the floor. And I understand that to allow for the proceeding of the the announcement, Mr. ROGERS and that was pulled. I think that was unfor- construction of the pipeline. Mr. DICKS have been working hard, and tunate. Again, knowing that there is strong others have been working hard to get Can the gentleman tell me what the bipartisan support for the project, our appropriations bills done. status of that piece of legislation is? knowing that labor is in support of it, We have urged that we not put con- Mr. CANTOR. Sure. Absolutely. knowing that it puts people back to troversial items in that, and we showed First of all, the issue of insider trad- work immediately, it would seem to our good faith on that representation ing is something that we abhor as well, me that this is a consistent provision when we passed the minibus, and 165 do not tolerate, and believe that all to go along with making sure that we Democrats joined 135 Republicans to Members of Congress should fall under deal with the unemployment situation pass that legislation. the same laws that apply to anyone, in this country through an extension of So, again, I would urge the gen- and want to make sure that is the case, the UI provisions—with, hopefully, tleman to, if he feels strongly about if it is not. some reforms—as well as the extension that, and I know that he feels—he said And transparency is the key because of the payroll tax holiday. labor is for that bill. Labor is for that the public needs to know what their As the gentleman knows, our side is bill. I think I’m for that bill, I want Members are doing. We intend to take concerned. We don’t want taxes to go the gentleman to know. So this does this issue, make sure that concerns up on anybody, especially in an econ- not come from my particular opposi- that have been raised by Members on omy like this. But again, I hope the tion to this bill. both sides of the aisle are being vetted. gentleman can consider joining us in I am concerned about the alignment This is an issue of extreme import for terms of helping promote an environ- and the aquifer. I think that’s a legiti- the confidence of the public towards ment for job creation. mate concern. But I think that that oil this institution. We intend to do so in Mr. HOYER. I thank the gentleman is going to be drilled no matter what a deliberate manner. for his comment. we do. It seems to me that it’s better There were issues raised again by I will say this, though, it seems infor us to have it than for others to have Members on both sides of the aisle consistent, when the President of the it and have that availability. about this bill not being brought up in United States yesterday said he would But having said that, gratuitously a vetted way. There are many other veto such a provision, that we would putting it into a bill that the President chairmen who have jurisdiction in this include it in legislation that is must has already said I don’t agree with that matter who need to be involved in this pass. is simply playing chicken on legisla- with a full vetting, and we intend to do By the way, the unemployment in- tion that’s very important. that. And I do hope the gentleman will surance, economists tell us, will pro- If the gentleman wants to comment work with us in doing so. vide for 100 times as many jobs; so, on that, I would be glad to yield to Mr. HOYER. I thank the gentleman therefore, we’re for that. Some 500,000 him. for his comments.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.088 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8299 As he knows, Congressman WALZ has Street millionaires, not slash Medicare nese medical schools taught that many oth- been working hard on this, and I know benefits, not layoff thousands of peo- erwise wicked criminals volunteered their that he will be very inclined to work ple. organs as a final penance. Right after the first shots the van door was with you and with the committees of It’s time to stop putting Wall Street thrust open and two men with white surgical jurisdiction; and I will certainly be first and before Main Street. Wash- coats thrown over their uniforms carried a able to work with you as well on this ington ought not go on vacation until body in, the head and feet still twitching issue because, as I say, Congressman we take care of this problem. slightly. The young doctor noted that the WALZ has worked very hard on this. f wound was on the right side of the chest as I think all of us agree, as you just in- he had expected. When body #3 was laid CHINA ORGAN HARVESTING dicated, that no Member of Congress down, he went to work. (Mr. PITTS asked and was given per- Male, 40-ish, Han Chinese. While the other ought to be using insider information retail organs in the van were slated for the to trade in the stock market to dis- mission to address the House for 1 profitable foreigner market, the doctor had advantage, obviously, others who are minute and to revise and extend his re- seen the paperwork indicating this kidney trading in the stock market. So I marks.) was tissue-matched for transplant into a 50– thank the gentleman for his comments, Mr. PITTS. Madam Speaker, an arti- year-old Chinese man. Without the trans- look forward to working with him and, cle in last Monday’s Weekly Standard plant, that man would die. With it, the same again, in closing, hope that we can reveals the systematic execution and man would rise miraculously from his hospital bed and go on to have a normal life for reach bipartisan agreement on so many harvesting of organs in China’s prisons. The article provides firsthand ac- 25 years or so. By 2016, given all the anti-tis- major pieces of legislation that we sue-rejection drug advances in China, they need to pass prior to leaving this. counts of the targeted elimination of could theoretically replace the liver, lungs, I will tell the gentleman I hope his religious prisoners, prisoners of con- or heart—maybe buy that man another 10 to side agrees, my side will not want to science, and political opponents of the 15 years. adjourn, nor will it support adjourn- regime. Minorities, including Falun Body #3 had no special characteristics save ment, until such time as we act on the Gong, Uyghurs, House Christians, and an angry purple line on the neck. The doctor unemployment insurance and the mid- Tibetans have been executed, followed recognized the forensics. Sometimes the po- by organ transplant surgeries—some lice would twist a wire around a prisoner’s dle class tax cuts. throat to prevent him from speaking up in I yield back the balance of my time. being performed while the victims are court. The doctor thought it through me- f still alive, numbering in the tens of thodically. Maybe the police didn’t want this thousands. prisoner to talk because he had been a de- HOUR OF MEETING ON TOMORROW Furthermore, foreign companies are ranged killer, a thug, or mentally unstable. Mr. CANTOR. Mr. Speaker, I ask already making investments to benefit After all, the Chinese penal system was a unanimous consent that when the off of the thriving organ transplant daily sausage grinder, executing hardcore House adjourns today, it adjourn to market. Pharmaceutical companies criminals on a massive scale. Yes, the young meet at 11 a.m. tomorrow, and further, like Roche and Isotechnika Pharma doctor knew the harvesting was wrong. have been involved in clinical drug Whatever crime had been committed, it when the House adjourns on that day, would be nice if the prisoner’s body were al- it adjourn to meet at noon on Monday, testing of transplant patients. A Brit- lowed to rest forever. Yet was his surgical December 12, 2011, for morning-hour de- ish firm, TFP Ryder Healthcare, is pro- task that different from an obstetrician’s? bate and 2 p.m. for legislative business. posing a medical facility that would in- Harvesting was rebirth, harvesting was life, The SPEAKER pro tempore (Mr. clude an organ transplant center. as revolutionary an advance as antibiotics or RIGELL). Is there objection to the re- Before they follow suit, U.S. compa- steroids. Or maybe, he thought, they didn’t quest of the gentleman from Virginia? nies must understand the unethical cli- want this man to talk because he was a po- There was no objection. mate that exists in China. And our litical prisoner. Nineteen years later, in a secure European f State Department and the U.N. must location, the doctor laid out the puzzle. He treat these actions as an abuse of Chi- asked that I keep his identity a secret. Chi- EXTEND THE MIDDLE CLASS TAX na’s international agreements and CUT nese medical authorities admit that the human rights of their own people. lion’s share of transplant organs originate (Ms. BERKLEY asked and was given [From WeeklyStandard.com, Dec. 5, 2011] with executions, but no mainland Chinese doctors, even in exile, will normally speak of permission to address the House for 1 THE XINJIANG PROCEDURE performing such surgery. To do so would re- minute and to revise and extend her re- (By Ethan Gutmann) marks.) mind international medical authorities of an To figure out what is taking place today in Ms. BERKLEY. Mr. Speaker, I rise issue they would rather avoid—not China’s a closed society such as northwest China, soaring execution rate or the exploitation of today on behalf of Nevada’s middle sometimes you have to go back a decade, criminal organs, but rather the systematic class families. Because of the economic sometimes more. elimination of China’s religious and political downturn, thousands of Nevadans are One clue might be found on a hilltop near prisoners. Yet even if this doctor feared con- struggling to find a job, pay their rent, southern Guangzhou, on a partly cloudy au- sequences to his family and his career, he did and put food on their families’ tables. tumn day in 1991. A small medical team and not fear embarrassing China, for he was born They cannot afford a tax increase. a young doctor starting a practice in inter- into an indigenous minority group, the However, Washington gridlock is nal medicine had driven up from Sun Yat-sen Uighurs. Medical University in a van modified for sur- Every Uighur witness I approached over threatening just that, a massive tax in- gery. Pulling in on bulldozed earth, they the course of two years—police, medical, and crease on middle class families. Why? found a small fleet of similar vehicles— security personnel scattered across two con- Because some Washington Republicans clean, white, with smoked glass windows and tinents—related compartmentalized frag- refuse to roll back special tax breaks prominent red crosses on the side. The police ments of information to me, often through for Wall Street millionaires in order to had ordered the medical team to stay inside halting translation. They acknowledged the pay for a middle class tax cut for 1.2 for their safety. Indeed, the view from the risk to their careers, their families, and, in million Nevadans. That’s just not side window of lines of ditches—some filled several cases, their lives. Their testimony right. in, others freshly dug—suggested that the reveals not just a procedure evolving to meet hilltop had served as a killing ground for So my message today is this: no holi- the lucrative medical demand for living or- years. gans, but the genesis of a wider atrocity. day vacation for Congress without ex- Thirty-six scheduled executions would Behind closed doors, the Uighurs call their tending the middle class tax cut. We translate into 72 kidneys and corneas divided vast region in China’s northwest corner (bor- cannot go home while Nevada families among the regional hospitals. Every van con- dering on India, Pakistan, Afghanistan, are hurting and desperate for this ex- tained surgeons who could work fast: 15–30 Tajikistan, Kyrgyzstan, Kazakhstan, and tension of their payroll tax cuts. minutes to extract. Drive back to the hos- Mongolia) East Turkestan. The Uighurs are However, that’s going to require pital. Transplant within six hours. Nothing ethnically Turkic, not East Asian. They are Washington Republicans to stop pro- fancy or experimental; execution would Muslims with a smattering of Christians, probably ruin the heart. and their language is more readily under- tecting Wall Street millionaires and With the acceleration of Chinese medical stood in Tashkent than in Beijing. By con- start putting Nevada’s families first. expertise over the last decade, organs once trast, Beijing’s name for the so-called Auton- The only fair way to achieve this is to considered scraps no longer went to waste. It omous Region, Xinjiang, literally translates roll back special tax breaks for Wall wasn’t public knowledge exactly, but Chi- as ‘‘new frontier.’’ When Mao invaded in 1949,

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.094 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8300 CONGRESSIONAL RECORD — HOUSE December 8, 2011 Han Chinese constituted only 7 percent of ing his head. According to his colleague, it ‘‘This one. It’s this one.’’ the regional population. Following the flood had been a normal procedure—the unwanted Sprawled on the blood-soaked ground was a of Communist party administrators, soldiers, bodies kicked into a trench, the useful man, around 30, dressed in navy blue over- shopkeepers, and construction corps, Han corpses hoisted into the harvesting vans, but alls. All convicts were shaved, but this one Chinese now constitute the majority. The then he heard something coming from a van, had long hair. party calculates that Xinjiang will be its top like a man screaming. ‘‘That’s him. We’ll operate on him.’’ oil and natural gas production center by the ‘‘Like someone was still alive?’’ Nijat re- ‘‘Why are we operating?’’ Enver protested, end of this century. members asking. ‘‘What kind of screams?’’ feeling for the artery in the man’s neck. To protect this investment, Beijing tradi- ‘‘Like from hell.’’ ‘‘Come on. This man is dead.’’ tionally depicted all Uighur nationalists— Nijat shrugged. The regiment had more Enver stiffened and corrected himself. ‘‘No. violent rebels and non-violent activists than enough sloppiness to go around. He’s not dead.’’ alike—as CIA proxies. Shortly after 9/11, that A few months later, three death row pris- ‘‘Operate then. Remove the liver and the conspiracy theory was tossed down the mem- oners were being transported from detention kidneys. Now! Quick! Be quick!’’ Following the chief surgeon’s directive, the ory hole. Suddenly China was, and always to execution. Nijat had become friendly with team loaded the body into the ambulance. has been, at war with al Qaeda-led Uighur one in particular, a very young man. As Enver felt himself going numb: Just cut the terrorists. No matter how transparently op- Nijat walked alongside, the young man clothes off. Just strap the limbs to the table. portunistic the switch, the American intel- turned to Nijat with eyes like saucers: ‘‘Why Just open the body. He kept making at- ligence community saw an opening for Chi- did you inject me?’’ nese cooperation in the war on terror, and Nijat hadn’t injected him; the medical di- tempts to follow normal procedure—steri- signaled their acquiescence by allowing Chi- rector had. But the director and some legal lize, minimal exposure, sketch the cut. nese state security personnel into Guanta- officials were watching the exchange, so Enver glanced questioningly at the chief sur- namo to interrogate Uighur detainees. Nijat lied smoothly: ‘‘It’s so you won’t feel geon. ‘‘No anaesthesia,’’ said the chief sur- While it is difficult to know the strength of much pain when they shoot you.’’ geon. ‘‘No life support.’’ The anaesthesiologist just stood there, the claims of the detainees’ actual connec- The young man smiled faintly, and Nijat, arms folded—like some sort of ignorant peas- tions to al Qaeda, the basic facts are these: sensing that he would never quite forget that ant, Enver thought. Enver barked at him. During the 1990s, when the Chinese drove the look, waited until the execution was over to ‘‘Why don’t you do something?’’ Uighur rebel training camps from neigh- ask the medical director: ‘‘Why did you in- ‘‘What exactly should I do, Enver? He’s al- boring countries such as Kazakhstan and ject him?’’ ready unconscious. If you cut, he’s not going Pakistan, some Uighurs fled to Afghanistan ‘‘Nijat, if you can transfer to some other where a portion became Taliban soldiers. to respond.’’ section, then go as soon as possible.’’ But there was a response. As Enver’s scal- And yet, if the Chinese government claims ‘‘What do you mean? Doctor, exactly what pel went in, the man’s chest heaved spas- that the Uighurs constitute their own Is- kind of medicine did you inject him with?’’ modically and then curled back again. lamic fundamentalist problem, the fact is ‘‘Nijat, do you have any beliefs?’’ Enver, a little frantic now, turned to the that I’ve never met a Uighur woman who ‘‘Yes. Do you?’’ chief surgeon. ‘‘How far in should I cut?’’ won’t shake hands or a man who won’t have ‘‘It was an anticoagulant, Nijat. And ‘‘You cut as wide and deep as possible. We a drink with me. Nor does my Jewish-sound- maybe we are all going to hell.’’ are working against time.’’ ing name appear to make anyone flinch. In I first met Enver Tohti—a soft-spoken, Enver worked fast, not bothering with one of those vino veritas sessions, I asked a husky, Buddha of a man—through the infor- clamps, cutting with his right hand, moving local Uighur leader if he was able to get any mal Uighur network of London. I confess muscle and soft tissue aside with his left, sort of assistance from groups such as the Is- that my first impression was that he was slowing down only to make sure he excised lamic Human Rights Commission (where, as just another emigre living in public housing. the kidneys and liver cleanly. Even as Enver I found during a brief visit to their London But Enver had a secret. stitched the man back up—not internally, offices, veiled women flinch from an ex- His story began on a Tuesday in June 1995, there was no point to that anymore, just so tended male hand, drinks are forbidden, and when he was a general surgeon in an Urumqi the body might look presentable—he sensed my Jewish surname is a very big deal in- hospital. Enver recalled an unusual con- the man was still alive. I am a killer, Enver deed). ‘‘Useless!’’ he snorted, returning to versation with his immediate superior, the screamed inwardly. He did not dare to look the vodka bottle. chief surgeon: ‘‘Enver, we are going to do at the face again, just as he imagined a kill- So if Washington’s goal is to promote a re- something exciting. Have you ever done an er would avoid looking at his victim. formed China, then taking Beijing’s word for operation in the field?’’ The team drove back to Urumqi in silence. who is a terrorist is to play into the party’s ‘‘Not really. What do you want me to do?’’ On Thursday, the chief surgeon confronted hands. ‘‘Get a mobile team together and request Enver: ‘‘So. Yesterday. Did anything hap- Xinjiang has long served as the party’s il- an ambulance. Have everyone out front at pen? Yesterday was a usual, normal day. licit laboratory: from the atmospheric nu- nine tomorrow.’’ Yes?’’ clear testing in Lop Nur in the mid-sixties On a cloudless Wednesday morning, Enver Enver said yes, and it took years for him (resulting in a significant rise in cancers in led two assistants and an anaesthesiologist to understand that live organs had lower re- Urumqi, Xinjiang’s capital) to the more re- into an ambulance and followed the chief jection rates in the new host, or that the bul- cent creation in the Tarim Desert of what surgeon’s car out of Urumqi going west. The let to the chest had—other than that first could well be the world’s largest labor camp, ambulance had a picnic atmosphere until sickening lurch—acted like some sort of estimated to hold 50,000 Uighurs, hardcore they realized they were entering the Western magical anaesthesia. He had done what he criminals, and practitioners of Falun Gong. Mountain police district, which specialized could; he had stitched the body back neatly And when it comes to the first organ har- in executing political dissidents. On a dirt for the family. And 15 years would elapse be- vesting of political prisoners, Xinjiang was road by a steep hill the chief surgeon pulled fore Enver revealed what had happened that ground zero. off, and came back to talk to Enver: ‘‘When Wednesday. In 1989, not long after Nijat Abdureyimu you hear a gunshot, drive around the hill.’’ As for Nijat, it wasn’t until 1996 that he turned 20, he graduated from Xinjiang Police ‘‘Can you tell us why we are here?’’ put it together. School and was assigned to a special police ‘‘Enver, if you don’t want to know, don’t It happened just about midnight, well after force, Regiment No. 1 of the Urumqi Public ask.’’ the cell block lights were turned off. Nijat Security Bureau. As one of the first Uighurs ‘‘I want to know.’’ found himself hanging out in the detention in a Chinese unit that specialized in ‘‘social ‘‘No. You don’t want to know.’’ compound’s administrative office with the security’’—essentially squelching threats to The chief surgeon gave him a quick, hard medical director. Following a pause in the the party—Nijat was employed as the good look as he returned to the car. Enver saw conversation, the director, in an odd voice, cop in Uighur interrogations, particularly that beyond the hill there appeared to be asked Nijat if he thought the place was the high-profile cases. I first met Nijat— some sort of armed police facility. People haunted. thin, depressed, and watchful—in a crowded were milling about—civilians. Enver half-sa- ‘‘Maybe it feels a little weird at night,’’ refugee camp on the outskirts of Rome. tirically suggested to the team that perhaps Nijat answered. ‘‘Why do you think that?’’ Nijat explained to me that he was well they were family members waiting to collect ‘‘Because too many people have been killed aware that his Chinese colleagues kept him the body and pay for the bullet, and the team here. And for all the wrong reasons.’’ under constant surveillance. But Nijat pre- responded with increasingly sick jokes to Nijat finally understood. The anticoagu- sented the image they liked: the little broth- break the tension. Then they heard a gun- lant. The expensive ‘‘execution meals’’ for er with the guileless smile. By 1994 he had shot, possibly a volley, and drove around to the regiment following a trip to the killing penetrated all of the government’s secret the execution field. ground. The plainclothes agents in the cells bastions: the detention center, its interroga- Focusing on not making any sudden moves who persuaded the prisoners to sign state- tion rooms, and the killing grounds. Along as he followed the chief surgeon’s car, Enver ments donating their organs to the state. the way, he had witnessed his fair share of never really did get a good look. He briefly And now the medical director was con- torture, executions, even a rape. So his curi- registered that there were 10, maybe 20 bod- firming it all: Those statements were real. osity was in the nature of professional inter- ies lying at the base of the hill, but the They just didn’t take account of the fact est when he questioned one of the Chinese armed police saw the ambulance and waved that the prisoners would still be alive when cops who came back from an execution shak- him over. they were cut up.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.053 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8301 ‘‘Nijat, we really are going to hell.’’ 20 years, and hospital staff were told, ‘‘If you ‘‘That’s right, Murat, that’s right. Yes. Nijat nodded, pulled on his beer, and didn’t treat someone, you will get the same re- Just don’t ask any more questions. They are bother to smile. sult.’’ The separation between the Uighur bad people—enemies of the country.’’ On February 2, 1997, Bahtiyar Shemshidin and Chinese medical personnel deepened: But Murat kept asking questions, and over began wondering whether he was a police- Chinese doctors would stockpile prescrip- time, he learned the drill. Once they found a man in name only. Two years before, the tions rather than allow Uighur medical staff matching blood type, they would move to Chinese Public Security Bureau of the West- a key to the pharmacy, while Uighur pa- tissue matching. Then the political prisoner ern city of Ghulja recruited Bahtiyar for the tients were receiving 50 percent of their would get a bullet to the right side of the drug enforcement division. It was a natural usual doses. If a Uighur couple had a second chest. Murat’s instructor would visit the fit because Bahtiyar was tall, good-looking, child, even if the birth was legally sanc- execution site to match up blood samples. and exuded effortless Uighur authority. tioned, Chinese maternity doctors, she ob- The officials would get their organs, rise Bahtiyar would ultimately make his way to served, administered an injection (described from their beds, and check out. Canada and freedom, but he had no trouble as an antibiotic) to the infant. The nurse Six months later, around the first anniver- recalling his initial idealism; back then, could not recall a single instance of the same sary of Ghulja, five new officials checked in. Bahtiyar did not see himself as a Chinese injection given to a Chinese baby. Within The instructor told Murat to go back to the collaborator but as an emergency responder. three days the infant would turn blue and political wing for fresh blood. This time, For several years, heroin addiction had die. Chinese staffers offered a rote expla- Murat was told that harvesting political been creeping through the neighborhoods of nation to Uighur mothers: Your baby was prisoners was normal. A growing export. Ghulja, striking down young Uighurs like a too weak, your baby could not handle the High volume. The military hospitals are medieval plague. Yet inside the force, drug. leading the way. Bahtiyar quickly grasped that the Chinese Shortly after the Ghulja incident, a young By early 1999, Murat stopped hearing about heroin cartel was quietly protected, if not Uighur protester’s body returned home from harvesting political prisoners. Perhaps it encouraged, by the authorities. Even his re- a military hospital. Perhaps the fact that was over, he thought. cruitment was a bait-and-switch. Instead of the abdomen was stitched up was just evi- Yet the Xinjiang procedure spread. By the sending him after drug dealers, his Chinese dence of an autopsy, but it sparked another end of 1999, the Uighur crackdown would be superiors ordered him to investigate the round of riots. After that, the corpses were eclipsed by Chinese security’s largest-scale Meshrep—a traditional Muslim get-together wrapped, buried at gunpoint, and Chinese action since Mao: the elimination of Falun promoting clean living, sports, and Uighur soldiers patrolled the cemeteries (one is not Gong. By my estimate up to three million music and dance. If the Meshrep had flow- far from the current Urumqi airport). By Falun Gong practitioners would pass ered like a traditional herbal remedy against June, the nurse was pulled into a new case: through the Chinese corrections system. Ap- the opiate invader, the Chinese authorities A young Uighur protester had been arrested proximately 65,000 would be harvested, read it as a disguised attack on the Chinese and beaten severely. His family paid for his hearts still beating, before the 2008 Olym- state. release, only to discover that their son had pics. An unspecified, significantly smaller, In early January 1997, on the eve of Rama- kidney damage. The family was told to visit number of House Christians and Tibetans dan, the entire Ghulja police force—Uighurs a Chinese military hospital in Urumqi where likely met the same fate. and Chinese alike—were suddenly ordered to the hospital staff laid it out: One kidney, By Holocaust standards these are piddling surrender their guns ‘‘for inspection.’’ Now, 30,000 RMB (roughly $4,700). The kidney will numbers, so let’s be clear: China is not the almost a month later, the weapons were be healthy, they were assured, because the land of the final solution. But it is the land being released. But Bahtiyar’s gun was held transplant was to come from a 21-year-old of the expedient solution. Some will point to back. Bahtiyar went to the Chinese bureau- Uighur male—the same profile as their son. recent statements from the Chinese medical crat who controlled supplies and asked after The nurse learned that the ‘‘donor’’ was, in establishment admitting the obvious—Chi- it. ‘‘Your gun has a problem,’’ Bahtiyar was fact, a protester. na’s medical environment is not fully eth- told. In the early autumn of 1997, fresh out of a ical—and see progress. Foreign investors sus- ‘‘When will you fix the problem?’’ blood-work tour in rural Xinjiang, a young pect that eventually the Chinese might The bureaucrat shrugged, glanced at his Uighur doctor—let’s call him Murat—was someday—or perhaps have already—abandon list, and looked up at Bahtiyar with an pursuing a promising medical career in a organ harvesting in favor of the much more unblinking stare that said: It is time for you large Urumqi hospital. Two years later he lucrative pharmaceutical and clinical test- to go. By the end of the day, Bahtiyar got it: was planning his escape to Europe, where I ing industries. The problem with these Every Chinese officer had a gun. Every met him some years after. soothing narratives is that reports, some as Uighur officer’s gun had a problem. One day Murat’s instructor quietly in- recent as one year ago, suggest that the Chi- Three days later, Bahtiyar understood formed him that five Chinese government of- nese have not abandoned the Xinjiang proce- why. On February 5, approximately 1,000 ficials—big guys, party members—had dure. Uighurs gathered in the center of Ghulja. checked into the hospital with organ prob- In July 2009, Urumqi exploded in bloody The day before, the Chinese authorities ar- lems. Now he had a job for Murat: ‘‘Go to the street riots between Uighurs and Han Chi- rested (and, it was claimed, severely abused) Urumqi prison. The political wing, not the nese. The authorities massed troops in the six women, all Muslim teachers, all partici- criminal side. Take blood samples. Small regional capital, kicked out the Western pants in the Meshrep. The young men came ones. Just to map out the different blood journalists, shut down the Internet, and, without their winter coats to show they were types. That’s all you have to do.’’ over the next six months, quietly, mostly at unarmed, but, planned or unplanned, the ‘‘What about tissue matching?’’ night, rounded up Uighur males by the thou- Chinese police fired on the demonstrators. ‘‘Don’t worry about any of that, Murat. sands. According to information leaked by Casualty counts of what is known as the We’ll handle that later. Just map out the Uighurs held in captivity, some prisoners Ghulja incident remain shaky. Bahtiyar re- blood types.’’ were given physical examinations aimed calls internal police estimates of 400 dead, Clutching the authorization, and accom- solely at assessing the health of their retail but he didn’t see it; all Uighur policemen had panied by an assistant from the hospital, organs. The signals may be faint, but they been sent to the local jail ‘‘to interrogate Murat, slight and bookish, found himself fac- are consistent, and the conclusion is inescap- prisoners’’ and were locked in the compound ing approximately 15 prisoners, mostly able: China, a state rapidly approaching su- throughout the crisis. However, Bahtiyar did tough-guy Uighurs in their late twenties. As perpower status, has not just committed see Uighurs herded into the compound and the first prisoner sat down and saw the nee- human rights abuses—that’s old news—but thrown naked onto the snow—some bleeding, dle, the pleading began. has, for over a decade, perverted the most others with internal injuries. Ghulja’s main ‘‘You are a Uighur like me. Why are you trusted area of human expertise into per- Uighur clinic was effectively shut down when going to hurt me?’’ forming what is, in the legal parlance of a squad of Chinese special police arrested 10 ‘‘I’m not going to hurt you. I’m just taking human rights, targeted elimination of a spe- of the doctors and destroyed the clinic’s am- blood.’’ cific group. bulance. As the arrests mounted by late At the word ‘‘blood,’’ everything collapsed. Yet Nijat sits in refugee limbo in April, the jail became hopelessly over- The men howled and stampeded, the guards Neuchatel, Switzerland, waiting for a coun- crowded, and Uighur political prisoners were screaming and shoving them back into line. try to offer him asylum. He confessed to me. selected for daily executions. On April 24, The prisoner shrieked that he was innocent. He confessed to others. But in a world eager Bahtiyar’s colleagues witnessed the killing The Chinese guards grabbed his neck and not to offend China, no state wants his con- of eight political prisoners; what struck squeezed it hard. fession. Enver made his way to an obscure them was the presence of doctors in ‘‘special ‘‘It’s just for your health,’’ Murat said seminar hosted by the House of Commons on vans for harvesting organs.’’ evenly, suddenly aware the hospital func- Chinese human rights. When the MPs opened In Europe I spoke with a nurse who worked tionary was probably watching to make sure the floor to questions, Enver found himself in a major Ghulja hospital following the in- that Murat wasn’t too sympathetic. ‘‘It’s standing up and speaking, for the first time, cident. Nervously requesting that I provide just for your health,’’ Murat said again and of killing a man. I took notes, but no British no personal details, she told me that the hos- again as he drew blood. MP or their staffers could be bothered to pitals were forbidden to treat Uighur pro- When Murat returned to the hospital, he take Enver’s number. testers. A doctor who bandaged an arm re- asked the instructor, ‘‘Were all those pris- The implications are clear enough. Noth- ceived a 15-year sentence, while another got oners sentenced to death?’’ ing but self-determination for the Uighurs

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.056 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8302 CONGRESSIONAL RECORD — HOUSE December 8, 2011 can suffice. The Uighurs, numbering 13 mil- talk about other States, I better talk seven sites across the State of Illinois. lion, are few, but they are also desperate. about my own State, the State of Illi- Our neighbors to the north have three They may fight. War may come. On that day, nois. commercial reactors operating on two as diplomats across the globe call for dia- In the State of Illinois, 50 percent of different sites, both of those on Lake logue with Beijing, may every nation look to its origins and its conscience. For my part, if our electricity is generated by nuclear Michigan. my Jewish-sounding name tells me anything, power. We’re one of the biggest nuclear So when we look at the 8.5 million it is this: The dead may never be fully power States in the country. We picked people that rely on the drinking water, avenged, but no people can accept being fa- a facility that’s actually closed, which much less the recreation, the fishing, tally exploited forever. is Zion Power Plant. all of the different forms of commerce f With that, I’d yield to my colleague, that happen on our Great Lakes, this is Mr. DOLD, to kind of talk about Zion, something that I think is critical. b 1510 the State of Illinois, and its location. The Senators from both the State of YUCCA MOUNTAIN Mr. DOLD. I want to thank the gen- Illinois and the State of Wisconsin tleman for yielding and certainly for have all been in favor of trying to uti- The SPEAKER pro tempore. Under taking this issue up, which I think is lize this facility out at Yucca Moun- the Speaker’s announced policy of Jan- so very, very critical not only for just tain, and it just makes sense. uary 5, 2011, the gentleman from Illi- the State of Illinois but for facilities Why would we want to store, Mr. nois (Mr. SHIMKUS) is recognized for 60 all across the country as we look at Speaker, over a thousand metric tons minutes as the designee of the major- how we can best store the used mate- of nuclear waste hundreds of feet away ity leader. rial from the nuclear facilities—the from the greatest source of fresh sur- Mr. SHIMKUS. Mr. Speaker, it’s spent fuel rods, more specifically. face water in our Nation? It is indeed great to get a chance to come back If you’ll notice here in Zion, which is the jewel of our ecosystem. This is down to the floor to visit with my col- just north of the district but certainly something that we need to protect, leagues and talk about an issue that affects the district just north of Chi- something that we need to have a long- I’ve been raising seven or eight weeks cago and the 10th district which I rep- term vision for. in a row. I’ll have a little more ex- resent, it’s right on the shores of Lake Yet what we don’t need to do is have tended time to go over what has tran- Michigan. The Great Lakes, 95 percent scattered sites all across our country spired over the past 6 to 7 months, and of all fresh surface water in the United of nuclear waste that has a greater po- that’s that this country really needs to States is from the Great Lakes. tential for disasters to happen. They’re address this high-level nuclear waste When we look at the amount of being stored right now in casks that problem in this country. drinking water that the State of Illi- are about 5 feet above the ground I’m glad to be joined with some of my nois uses, it’s an enormous percentage. water, above the water table, and what colleagues who I’ll yield to in a couple It’s coming from the Great Lakes. Yet, we’d like to do is take it a thousand of minutes. in our infinite wisdom we’ve decided feet above the water table, a thousand But just to start in a synopsis, based that we want to store the fuel rods just feet below ground. upon the parts of the country that we a sheer several hundred feet from the This is something that makes abso- visited, for us to move past the logjam shores of Lake Michigan, 5 feet above lutely perfect sense, and I welcome the that’s in the other body, we have to the water table. gentleman’s colloquy in terms of talk- find 60 Senators who will vote to move If we take a look at Yucca Mountain, ing about not only this site, and I forward what we know is Federal law. the reason why Yucca Mountain was thank you for bringing it up week after The Nuclear Waste Policy Act of 1982 chosen was Yucca Mountain is unique- week, trying to make sure that we try recognized and determined that Yucca ly suited as the premier place. If we and get through to our colleagues on Mountain would be the national reposi- were to store any place spent fuel rods, the other side of the building to make tory for high-level nuclear waste. this would be the ideal location. A sure they can move this commonsense I think a lot of folks would say, well, thousand feet below the ground. A piece of legislation forward. so if it’s a law, why aren’t we there? thousand feet above the water table. A How much have we spent already at Well, the reason we’re not there now is very dry, arid environment. And cor- Yucca Mountain? I think it’s in the $14 because the majority leader of the Sen- rect me if I’m wrong: Where are the billion range. ate has blocked it, along with the nearest inhabitants of Yucca Moun- Mr. SHIMKUS. My colleague is cor- President of the United States. tain? Is it 100 miles? rect. We’ve already spent about $14.5 This time is being spent to help edu- Mr. SHIMKUS. The city of Las billion dollars in the research, the de- cate the American public, Mr. Speaker, Vegas, which is the major metropolitan velopment, the exploration, the test- on where is the high level nuclear area, is a hundred miles from Yucca ing. A lot of money, time, effort, and waste, what communities, what States Mountain. some of our greatest minds have been are affected, and what Senators should What people have a hard time under- involved. be held somewhat accountable for the standing about the nuclear test area, I don’t really think you have to be positions they take as far as high-level this is where the nuclear test site was. one of the greatest minds. The point I nuclear waste? The Federal Government owns numer- always say is, common sense says in On the chart to my far left, through- ous parcels of land around Yucca the desert underneath a mountain. out this last half a year, we need 60 Mountain. The communities right out- Isn’t that where you would want high- votes. We’ve got at least 27 Senators side the reservation—and I think the level nuclear waste versus right off the who we know already support this whole test site area is like the size of shore of Lake Michigan? based upon votes or public statements. New Hampshire—but the communities, Mr. DOLD. It seems certainly like We have eight that really have not had what’s interesting about this debate, common sense to me, and I certainly a chance to address this by a vote or the communities right outside the gate applaud the gentleman’s efforts and haven’t made a public statement on it are fully supportive of Yucca Mountain thank you for giving me the time. I yet. And we have seven ‘‘nays’’ or being the repository for high-level nu- just want to make sure that this isn’t seven ‘‘no’’ votes. clear waste. And why do I know that? just important for the folks in the With that, just because I appreciate Because I visited them. I’ve been in State in Illinois and the folks in Wis- my colleagues taking time out, I would their communities. I went to the com- consin, and the people in Michigan that like to first yield to my colleague from munity center. They welcomed me, and are surrounding the Great Lakes, and the State of Illinois, no disrespect to we talked about how this was impor- specifically Lake Michigan; it’s all the my colleague from the State of Geor- tant for the country and their local Great Lakes. And it’s not just in Illi- gia, to go into a discussion about one communities. nois. There are nuclear power facilities of the areas that we addressed, one of Mr. DOLD. This is absolutely critical all across the country. the first sites we talked about. I fig- for the country. When we look at just We need to have a safe, secure way to ured I’d better come forward and talk the State of Illinois, the State of Illi- be able to store these spent fuel rods, about my own State. If I’m going to nois has got 13 commercial reactors at and I think Yucca Mountain has been

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.057 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8303 proven to be the place to do it. And I I appreciate my colleague for coming er, my parents owned a little motel on think we should move forward on it. down. the river, and they very insightfully Mr. SHIMKUS. Can you tell me the Mr. DOLD. I thank the gentleman for named the mom-and-pop, 25-unit motel disposition of what’s going on with the allowing me to have some time with the Riviera Motel. Zion Power Plant? What’s going on you today and, again, for talking about During the construction of this nu- there right now? this very important issue. clear plant, there were 50,000 construc- Mr. DOLD. The Zion Power Plant has Mr. SHIMKUS. Now I’m going to turn tion workers involved in constructing actually been decommissioned at this to my colleague from Georgia, who also that facility for 3 years. Every evening point in time. So right now they are serves with me on the Energy and Com- when the Sun went down, I can’t tell putting it in mothballs, they are tak- merce Committee. We have jurisdiction you how happy my parents were to ing the spent fuel rods, they’re in over this. My subcommittee is the En- turn on that ‘‘no vacancy’’ sign at the casks, they are being transported to a vironment and the Economy. I deal Riviera Motel, because all of these location that’s on the site. It’s just lit- with a lot of these waste disposal workers stayed with us. We didn’t get erally a few hundred feet away from issues, nuclear waste being one of rich; they were only paying $8 a night. the beaches there, and probably about those. It’s just to point out the importance of 20 to 30 miles north of the city of Chi- My colleague from Georgia has fol- jobs in the nuclear industry and the ca- cago. lowed this issue as long as I have. The pability of expanding our employment This is not the place that we want to last time I came to the floor, I men- sector in this particular lane of energy. be storing spent fuel rods. tioned a couple facilities in Georgia, In this country right now, today, I’m Zion was a great source of electricity but the one that I have highlighted is told that we produce about 20 percent for the people around the area and has the Savannah River. As I finish, I’ll get of our electricity from nuclear power. been decommissioned over the last 2 this picture up to my colleague. In the State of Georgia, it’s 24 percent. years. So it is now sitting idle, and But the point we’re trying to make It’s not much higher. We have two sites they’re trying to go through the proc- today is that here you have Yucca and four reactors. We’re in the process ess of dismantling it. Mountain, which is a mountain in a of adding two more right on the Savan- desert. Then you have nuclear waste b 1520 nah River, as the gentleman from Illi- all over this country. Look at this one. nois points out, at Plant Vogtle; and, Mr. SHIMKUS. Yes. I think I briefly It’s right next to the Savannah River. hopefully, we’ll get that done. tried to show this article from The Salt At Yucca Mountain, we have no nu- The problem, which the gentleman is Lake Tribune, dated December 8, which clear waste on site. At the Savannah bringing before all of our colleagues— talks about some of the reactor parts River, there are 6,300 canisters of waste and hopefully to a lot of other folks that are going to go out to Utah. on site. The waste would be stored, as who are viewing or listening—is: Why What the article ends up saying is: my colleague BOB DOLD said, 1,000 feet is it for the last 30 years we have had The site will not, however, take the underground; whereas, at the Savannah no new nuclear sites? We’ve literally Illinois plant’s used fuel rods. The River, it’s stored right below the had a moratorium. You have about 103 United States currently has no site to ground. At Yucca Mountain, it’s 1,000 across the country—those in Illinois, dispose of spent fuel from commercial feet above the water table. At the Sa- those in Georgia—and what are they reactors, a form of high-level nuclear vannah River, it would be zero to 160 doing with this spent nuclear fuel? It is waste. feet above the water table. The waste either shallow, underground in pool So if we don’t have a location, where at Yucca Mountain is 100 miles from tanks, not very much above the water is that high-level nuclear waste, the the Colorado River. Well, you can see table or—even worse—it’s aboveground spent fuel, going to remain? that it’s adjacent to the Savannah in these concrete and steel containers. MR. DOLD. It’s going to remain, seri- River. Talk about the risk of a terrorist at- ously, right in the middle of a high- So I appreciate the gentleman from tack in a radiation release. population area and hundreds of feet Georgia, Congressman GINGREY, for So the gentleman was so generous to away from the jewel of our ecosystem— joining me; and I yield to him to enter ask me to join him in this colloquy in the Great Lakes, in Lake Michigan. into the colloquy. about the issue. I’m looking forward to It’s the wrong place for it to be. Com- Mr. GINGREY of Georgia. Mr. Speak- continuing, as I yield back to him, to mon sense would say to move it out to er, I am glad to join my colleague from discuss the real problem here of what a place, to a location, just like Yucca Illinois, the chairman of the Environ- to do with that spent fuel. Mountain; $14 billion of research and ment and the Economy Subcommittee Mr. SHIMKUS. Again, I appreciate dollars have gone into the site. Let’s on the Committee of Energy and Com- your joining me today. put it 1,000 feet below the ground, 1,000 merce, on this very important subject. I want to quote from a Chicago Trib- feet above the water table, in an arid Our colleagues from Illinois specifi- une editorial of March 19. I’ll just read environment. It’s absolutely perfect for cally pointed out the existing situation three short paragraphs: it. It’s something that we should move in their State in regard to these nu- ‘‘Here’s why that is potentially a big- forward on. It’s in the best interest and clear reactor sites in Illinois and what ger problem than a meltdown: In the safety of the American public to do they do with spent nuclear fuel. Japanese reactors, as in many U.S. re- something along these lines. The poster that the gentleman has actors, the spent fuel is housed in large Mr. SHIMKUS. I’m told that Zion is, presented in regard to my great State water-filled pools in the reactor build- what, 40 miles from downtown Chicago. and my neighboring State of South ing but outside the concrete-and-steel Mr. DOLD. It’s 40 miles from down- Carolina as to what we’re faced with is fortress that surrounds the reactor town Chicago. So, obviously, in the equally as telling. I think it might be core. greater Chicago area, you probably instructive, Mr. Speaker, if I go back ‘‘If the core melts down, any radi- have about 6.5 to 7 million people. It’s and take a walk down memory lane ation released is likely to be partly certainly not what we want to have in just a little bit in regard to my back- bottled up by the containment vessel. terms of this nuclear waste disposal. ground. ‘‘Not so for the spent fuel pools, Mr. SHIMKUS. The reason this is im- When I was growing up in North Au- which often contain far more radio- portant is, unfortunately, due to gusta, South Carolina, this central Sa- active material than in the reactor. If Fukushima Daiichi in Japan, which is vannah River area, which includes the the water that keeps those rods cool a great tragedy. A lot of people think southern part, if you will, or the west- drains or boils away, the used fuel can about the containment issue, which ern part of South Carolina and the catch fire. Result: A dangerous plume has always been the fear. Part of the eastern part of Georgia, is separated by of extremely high radioactivity spewed Fukushima Daiichi problem was the the Savannah River. There was a facil- into the air. spent fuel in the pools, which might be ity built on the South Carolina side in ‘‘Obvious question: Why do nuclear a bigger environmental disaster based a town called Ellington, South Caro- plants store spent fuel that way? upon things that cannot be planned. lina, back in 1950. I hate to tell my age, ‘‘Obvious answer in the U.S.: Yucca That’s why we continue to push this. but I was 7 or 8 at the time. Mr. Speak- Mountain isn’t open. In the 1980s, the

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.097 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8304 CONGRESSIONAL RECORD — HOUSE December 8, 2011 Federal Government launched plans to States’ failure, just tells Washington and they reprocess it. So at some point ship nuclear waste to a storage lair State what? Guess what. You’ve got in the future, we decide and we have carved into the mountain in Nevada this high-level nuclear waste that’s the technology to do that, that source and let it slowly and harmlessly leaking, that’s close to the Columbia of spent nuclear fuel that’s stored in decay.’’ River, and just deal with it. Just deal Yucca Mountain could be used to recy- So there are benefits to nuclear with it. cle and to get more energy out of this power. If you’re a climate change per- I find that unacceptable after, as my spent nuclear fuel. son and if you don’t want carbon diox- colleague from Illinois said, $14.5 bil- It’s beyond me how a President, by ide and if you still want a lot of elec- lion we’ve spent to prepare this site at Executive order, can stop the will of tricity for us to use in all of our new Yucca Mountain only to have it Congress. And maybe we ought to talk technology, you’ll have to have a gen- stopped for political purposes. about that in regard to things like the erator. Yet, in this case, it’s the used Mr. GINGREY of Georgia. Well, if the Keystone energy pipeline and expand fuel. It is properly stored, but it would gentleman will yield to me again, and this discussion a little further. be better stored in a single repository I appreciate the opportunity to discuss Mr. SHIMKUS. Again, I thank my underneath a mountain in the desert this, because what year did we commis- friend from Georgia for helping out on for all of those reasons. sion a group to study—and there were a the Special Order and just addressing number of potential sites for perma- b 1530 the issue of recycling. What do we do? nent storage from all these 103 facili- Because those of us who follow the nu- You’re talking about four reactors ties—one unified central site? clear fuel cycle, most people want it right now in Georgia; two more coming I’m relatively sure—the gentleman closed. And how do you get it closed? online, that’s six; Illinois has 11. There could correct me if I am wrong, but it You get it closed by getting as much are over 104 across this whole country was at least a 5-year process before it energy out of the fuel rods as you can. and, of course, we spent our time talk- was settled in 1987 and Congress at that You do that by reprocessing. But it ing about the used nuclear fuel from time designated Yucca Mountain as the would make sense that if there was the industry. sole site for permanent high-level nu- someone who is going to attempt to do But when I started this debate about clear waste repository after years of that, that the nuclear fuel would be what do we do with high-level nuclear contentious applications. close by. waste, I started with a DOE facility So this is set in law, is it not? There’s probably some discussions that goes back to World War II and the Mr. SHIMKUS. The Nuclear Waste about if we were going to have a redevelopment of the nuclear bomb and Policy Act of 1982 established Yucca processing facility sometime in this the Fat Man bomb, which was built at Mountain as the national repository country like France, where would you Hanford, Washington. And all that for high-level nuclear waste. And, locate it? Where would it be situated? I waste, going all the way back to World again, for the educational purposes, mean, I am just a layman in this de- War II, is in Hanford. And there are 53 Mr. Speaker, that is spent fuel. Some- bate, but I think you would want it million gallons of nuclear waste on times it’s spent nuclear waste from our close by where the nuclear material is, site, buried right off the surface of the Department of Defense, now controlled the material that you want to use to ground in tanks that are 750,000 to a by the Department of Energy sites like reprocess, to create fuel. million gallons each. Only about 40 of Hanford. I can’t speak for the entire body. I do them—there is over 100. Only about 40 Our argument is: Let’s consolidate know that the House spoke on Yucca of them are double-lined. That means this waste safely, securely at one loca- Mountain and bringing a finality to the rest are not. Some are leaking. tion so that, as my colleague from this—297 Members voted to ensure that Mr. GINGREY of Georgia. Will the Georgia says, we can more safely, I we had the final dollars to do the final gentleman yield? think, effectively, I think, efficiently, I scientific study to move this process Mr. SHIMKUS. I yield to the gen- think, cost effectively manage, pro- forward. And in that debate, it just tleman. tect, and eventually try to remediate showed that the will of the House was Mr. GINGREY of Georgia. And the some of the damage that’s been done supportive and this is bipartisan. I question of who is responsible in Han- over decades because of this high-level mean, we don’t have 297—or whatever ford or Barnwell, South Carolina, or nuclear waste being located all over the number is—Members who are just New Ellington to guard and protect, a the country. Republicans. We have 242. That means tremendous burden on the States. But I yield to the gentleman. we brought a lot of our colleagues from even if the Department of Homeland Mr. GINGREY of Georgia. I have had the other side on this debate. Some of Security—maybe they do some over- the opportunity, as a Member of Con- those really believe that the future is sight and protection of these sites. But gress, and particularly as a member of reprocessing and that we ought to be 103 different sites across the country, the Energy and Commerce Committee, exploring that, and it’s much better to how much simpler, how much safer, Mr. Speaker, to travel to France and have them located where you can re- how much cheaper if they had one site Scandinavia recently to look at their cover that material. to protect, that being 100 miles from nuclear facility but, in particular, Las Vegas at Yucca Mountain? their ability to reprocess in France and b 1540 Mr. SHIMKUS. Continuing to speak their ability to store in Scandinavia. If my colleague from Georgia on this issue of just looking at it, to We have described a little bit about wouldn’t mind, we are joined by an- kind of get away from just the nuclear the physiognomy, if you will, of the other colleague from Illinois. People generating profit sector, to address our Yucca Mountain area, the nuclear test wonder why we take up this cause. It’s responsibility as stewards of a program site, that arid desert of northern Ne- because we’re a big nuclear State. It’s that was developed to stop World War vada; and they have, in Scandinavia, about 50 percent of our electricity gen- II and then eventually remedy these developed a laboratory. I think they eration. I do a lot of coal. Coal is very environments that had an environ- call it The Clad. But it is literally 1,400 important to me, but we are a nuclear mental impact. meters below ground in bedrock, and power State which means we have a lot Yucca Mountain, the waste storage you could drive 18-wheel trucks down of sites, a lot of reactors, and we have plan for Hanford—and I’ve just toured to something like 2 miles deep in the a lot of nuclear waste. it this year. The plan to gather up, ground where their spent nuclear fuel So I yield to my colleague and thank deliquify, reprocess, put it in these is stored. And that’s the model, and him for coming down. canisters is designed to go to one loca- that’s really what we are looking at Mr. KINZINGER of Illinois. I thank tion. Do you know what that location and planning for at Yucca Mountain. my colleague from Illinois. I just want is? That location is Yucca Mountain. Nothing, really, nothing could be safer to say thank you for your leadership on So our failure to move forward, or in regard to storage. this issue, among many other things. our failure—actually, the other Cham- The other thing is, while we were in This is an issue that is very important. ber’s failure, the leader of the Senate’s France, we looked at a facility where It is important not just for the coun- failure, the President of the United they take that spent fuel, Mr. Speaker, try. It is important for my State, and

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.098 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8305 it’s important for my district. The 11th he takes that into account. I hope he yield to me, if the gentleman from the District of Illinois is kind of north cen- takes into account what’s the right 11th of Illinois lets the gentleman from tral Illinois. It’s a beautiful place. thing to do for this country in the long the 11th of Georgia be somewhat in- Come spend money there sometime. run. structive in regard to the politics, be- But we have three nuclear power So we have great jobs here. We have cause that pure and simple is what it plants there. In fact, at each nuclear a need for nuclear power. Let’s just is. Of course comments were made in power plant of course there is stored complete the puzzle, and let’s put this regard to the chairman of the Nuclear nuclear waste on site. And then we also stuff at Yucca Mountain. Regulatory Commission. have an area that was intended to be Mr. SHIMKUS. If my colleague would But the fact is that it is the Sec- early on, the original site of what was continue to discuss this for a few min- retary of Energy, it’s the Secretary of going to be nuclear reprocessing in this utes, you mentioned a fund in your Energy. This Secretary of Energy, a country, and now it is really just a kind of opening statement. For the Nobel Laureate in nuclear physics who pool with stored nuclear waste in it. benefit of the Speaker, could you ex- was essentially told by this adminis- So in one district—I think there’s 131 plain where this fund comes from and tration to tell the Nuclear Regulatory locations across the country where we who is paying into it and what is it de- Commission that he was requesting are storing this nuclear waste, and in signed to do and what’s going on with that the license application for Yucca my district alone we have four of it right now. Mountain be withdrawn from the NRC, those. So this is an issue that is very Mr. KINZINGER of Illinois. Look, if taken out of their hands, the licensing important not just to the people of Illi- you pay for any kind of nuclear power, process stopped with prejudice. nois, the people of the 11th District, ratepayers pay for this fund. Now, I’m not a lawyer, but if there but mainly to the people of this coun- Mr. SHIMKUS. So you have constitu- are any lawyers in the body, they un- try. ents who have been paying into this derstand when you withdraw some- I mean, Yucca Mountain, the fund fund? thing with prejudice, that means you Mr. KINZINGER of Illinois. Sure. was created for this sole purpose of can’t bring it back up. So this $14 bil- And paying for a long time. Let me finding a place, a safe place, a safe al- lion that has been taken out of the add, for every year we delay opening— ternative to store nuclear waste. ratepayers from the 50 States, or at Yucca Mountain is not going away; it Now, going back to the very begin- least where these 103 reactors exist, doesn’t disappear off the face of the ning part of the debate as to why do we they are paying for this. And yet this need nuclear power, I think we have Earth—for every year we delay, it’s costing us half a billion dollars more political pressure on a gentleman who’s addressed that. I think most Ameri- than what it’s ultimately going to got to be much, much smarter than cans are on board with the under- cost. any of us, a Nobel Laureate in nuclear standing that it is good, clean power. It So my constituents, your constitu- physics; if I were him, as soon as that provides a lot of great jobs. I have ents, anybody who uses any aspect of word came down to me and I got the toured some of the plants in my dis- nuclear power, which is almost every- memo from the White House, I would trict, and I can tell you they are good, body, has been paying for this. This immediately resign over righteous in- high-paying American jobs. They take isn’t some giant expenditure we’re dignation. us on that road to energy independ- going to have to make out of the gen- Mr. KINZINGER of Illinois. If I can ence. So understanding then that we eral fund when we don’t have any just say quickly on that point, Aby need nuclear power and understanding money. This is already being funded. Mohseni, acting director for licensing that nuclear power plays an important It’s already being paid for. It only and inspections at the NRC, made this role, we have to talk about the unfor- makes sense. I think the colleagues remark: ‘‘Some senior managers con- tunate side of it, which is the storage. that are joining me here today will say tributed to the manipulation of the Yucca Mountain has been, or was the same thing: this just makes sense. budget process and information to ap- being, created until it was zeroed out Mr. SHIMKUS. And part of this de- parently make sure that the Yucca for the purpose of storing all of this bate about the nuclear waste and Mountain project would be left un- waste; and it just makes sense. You where it’s stored and the nuclear waste funded even if the license application know, regardless of whether we build fund has been litigated in Federal was still before the NRC. We were un- the nuclear reactors or reprocess them, court, and the courts have said it is the prepared for the political pressures and we have to store this somewhere. Now responsibility of the national govern- manipulations of our scientific and li- here’s the question, though. If Yucca ment to take this waste as part of the censing processes that would come Mountain is technologically unable to law, complying with the law. Obvi- with the appointment of Chairman store this fuel, then I would think the ously, we have no place to take it. So Jaczko in 2009.’’ NRC, the Nuclear Regulatory Commis- we end up having the utility store the Mr. GINGREY of Georgia. But, fortu- sion, needs to come out and tell us it’s high-level nuclear waste on site; and nately, if I might interject, the board technologically insufficient and show some of them, some have not asked us of the NRC rejected that, rejected what us why. yet, some of them we are actually pay- he recommended. But they’re not doing that because ing to hold the waste that we’re sup- Mr. SHIMKUS. Reclaiming my time, the truth is technologically it’s almost posed to be holding. I would kind of close this circle, Mr. perfect, as far as something like this Mr. KINZINGER of Illinois. If my Speaker, reminding folks that the would go. But the chairman of the NRC colleague wouldn’t mind, and you men- chairman of the NRC, Mr. Jaczko, used has turned this into not necessarily tioned it just a few minutes ago, this to work for now-majority leader in the what’s the right thing to do for the in- idea passed this body with a large ma- Senate, HARRY REID. And it’s the ma- dustry, what’s the right thing to do for jority. That to me seems like this is jority leader in the Senate that is the country, but what’s the political the will of the American people. It’s blocking the funding for the final sci- thing to do, and turned the commission not just some agenda or some crazy entific analysis, and it is the chairman into a political commission. pie-in-the-sky idea. This is the will of of the NRC who used to work for the When you talk about this and when the American people, and it’s the re- majority leader who is complicit in you talk about the safety of our coun- sponsibility of us to ensure that we’re this plan to shut down an investment try, I think for something very basic being safe. I mean, it just seems very of this country of $14.5 billion to com- like this, and I think it is very evident, basic to me, and so I’m having a hard ply with Federal law that we passed in I think we should take politics out of time figuring out how and why politics 1982. that. And I would think all of my col- has come into play on this. I think this Now, in 1982 I was serving my coun- leagues joining me today would agree is a debate we solved decades ago. But try as an Army lieutenant in West Ger- this doesn’t need to be a political issue. nonetheless, out in Washington, D.C., many before the Wall came down. We need to have the NRC free of the nothing surprises me in the 10 months That’s a long time ago. This has been political manipulations; and only I’ve been out here. the policy of this country for decades. President Obama, frankly, can deter- Mr. GINGREY of Georgia. If the sub- And to have one man, one majority mine the fate of the chairman. I hope committee chair from Illinois would leader of the Senate, put a halt to that,

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.100 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8306 CONGRESSIONAL RECORD — HOUSE December 8, 2011 that’s why we’re down here, because he There are a lot of big issues going on United States Congress who believe has raised this to a political debate, in Washington, and this probably isn’t that when we say the Pledge of Alle- not a scientific debate. at the top of people’s priorities, but I giance and we say liberty and justice b 1550 would encourage anybody that’s watch- for all, that means all—all means ing us right now who sees their sen- blacks, whites, Latinos, Asians, And because it’s a political debate, ator’s name on that board you had up straight, gays, the senior citizens and what I’m attempting to do over a series earlier and says, Hey, my senator is a the youngest among us, people with of weeks is go around the country and ‘‘yea,’’ call and say, Thank you. En- disabilities and people who are able- just identify where is high-level nu- courage that senator if they’re unsure. bodied. It means the great mass of clear waste stored, and would it be bet- If they have the three yellow question American people included in ‘‘in lib- ter for that waste to be stored under- marks, probably call that senator and erty and justice for all.’’ neath a mountain in a desert, the most say, Hey, I really would like to get you The Progressive Caucus believes in investigated piece of property on the onboard with safe nuclear storage. And economic justice. We believe in civil history of this Earth. There is no piece if they’re a ‘‘nay,’’ please call them rights and human rights for all people. of property that has been more studied twice. Because we react to what we We believe that public employees are than Yucca Mountain anywhere on the hear. And if the American people want valuable to our society, and we honor face of this Earth. So I know this is hard for some folks safe storage—and I know they do—then and respect the services that they give to see. We’re doing a tally as we go this is the right alternative. to us. We believe that America, with around the country to look at, where Mr. SHIMKUS. I appreciate, again, our awesome military power, should are the votes? And we have 27 people, my colleague for coming down for this use that power to promote peace in the bipartisan, who have said this is where hour of discussion on really what world. We are the ones who called for it should go from Washington State; of should be the national policy on high- the U.S. to not go into Iraq. When we course, Illinois and Wisconsin, Georgia, level nuclear waste in this country. went in there, we were the ones to push South Carolina, Arizona, Idaho, Utah, I didn’t get a chance to go through to get us out. We are the ones who are Wyoming, Maine, Vermont, Florida, all the areas but I’m going to end with raising the issues around Afghanistan. Alabama, Mississippi, and Louisiana. Yucca Mountain versus the San Onofre And we’ll continue to argue the case We have new Senators who have not Nuclear Generation Station between for diplomacy and for development and had an opportunity to publicly either L.A. and San Diego. This is one of the to make friends with the world, to be a make a statement on it or cast a vote. ones I’m talking about. How much nu- good member of the international com- They’re in the middle. We have 27 clear waste is in the desert underneath munity in the United Nations and ‘‘yes,’’ 8 unknown. We’re going to give the mountain? None. How much is on under international bodies. them the benefit of the doubt. the Pacific Ocean right on the coast- We’re not the ones who believe that MERKLEY. FEINSTEIN was a ‘‘no’’ but line? There’s the photo. That’s 2,300 the world is a scary, dangerous place Fukushima Daiichi and the two nu- waste rods on site. The waste would be and we’ve got to jack up the military clear power plants that are on the Pa- stored a thousand feet underground at as much as we can. We’re not the ones cific Ocean in California and the high- Yucca. The waste is stored above the who think that the rich don’t have level nuclear waste that’s stored in ground in pools right on the shoreline enough money and the poor have too ponds have her in a quandary based of the Pacific Ocean. The waste would much. We’re not the people who believe upon the representation of that State. be a thousand feet above the water in dividing Americans based on culture TESTER of Montana, unknown; LEE of table here. Of course, as you can see and color and gender and urban versus Utah; BROWN of Massachusetts; AYOTTE from the photo, the waste is right next rural. We believe in unifying Ameri- of New Hampshire; SHAHEEN of New to the Pacific Ocean. The waste at cans and having equal rights for all Hampshire; WICKER of Mississippi. Yucca Mountain would be a hundred people. Bona fide ‘‘noes’’: REID of Nevada, miles from the Colorado River. Again, Yes, we are liberal, and we are proud HELLER of Nevada, CANTWELL of Wash- you can see the waves breaking almost of it. We’re the Progressive Caucus. ington, BOXER of California, BAUCUS of right up to the nuclear generating sta- Today, Mr. Speaker, I’m here to de- Montana, KERRY of Massachusetts, and tion between LA and San Diego. liver the Progressive message. The Pro- SANDERS of Vermont. I’ve gone to Massachusetts. I should gressive message is what we’re talking So it’s a chance to use the bully pul- have talked about Florida today. I’ve about today. The topic I’m going to ad- pit and my position as chairman of the talked about Illinois. DOE locations dress, Mr. Speaker, is going to be jobs subcommittee to help educate not only like Washington State. There’s a lot of in this American economy. the floor, my colleagues, the Speaker, nuclear waste defined differently all Today, Mr. Speaker, we want to those who are following us, that there’s over this country. Let’s do the correct speak as bipartisan as we can, but got to be a better way to store high- public policy and get it at a single re- there’s no question that the arguments level nuclear waste than in pools next pository in the desert underneath a that we have in Congress have a par- to Lake Michigan, next to the Savan- mountain. tisan tone. Therefore, for us to sit up nah River, next to the Pacific Ocean. With that, Mr. Speaker, I appreciate here and say we’re all just getting Surely, there’s a better place. And we your diligence, and I yield back the along here in Congress and we don’t know there is. balance of my time. have a different point of view would be Thirty years of study and research— f not exactly being straight with the Federal law says Yucca Mountain in American people. the desert underneath a mountain is CONGRESSIONAL PROGRESSIVE probably as good a place as you’re CAUCUS going to find, at least in the United The SPEAKER pro tempore. Under b 1600 States. the Speaker’s announced policy of Jan- So we’re going to say that the de- Mr. KINZINGER of Illinois. If the uary 5, 2011, the gentleman from Min- bates that we have been having in the gentleman would grant me just a mo- nesota (Mr. ELLISON) is recognized for House of Representatives have to do ment. When you said there’s a moun- 60 minutes as the designee of the mi- with those of us who believe that we as tain in the desert, or there’s I think 131 nority leader. Americans need to live in harmony locations as it exists today, I can tell Mr. ELLISON. My name is KEITH with the planet, need to try to cut you I have four of those locations in ELLISON. I am the cochair of the Pro- down our carbon footprint, need to try the 11th District in Illinois. I believe gressive Caucus and a Member of Con- to diminish pollution. And those others nuclear power is safe, effective, cheap, gress from the great State of Min- of us—mostly on the Republican side of efficient. But right now there’s four nesota. I’m here claiming time to the aisle—who make the case that, for nuclear storage waste facilities in the speak on behalf of the Congressional the sake of industry, we have to sac- district. That’s by the Midewin Progressive Caucus. rifice our health, our lungs, our good Tallgrass Prairie. That’s by populated The Congressional Progressive Cau- clean environment, they’re making areas and towns. cus, Mr. Speaker, is 77 members in the that case.

VerDate Mar 15 2010 04:54 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.101 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8307 We’re trying to ask Americans to had any jobs doing that. To make our the end of the day, it doesn’t trickle look carefully at the different pro- grids smarter, our electrical grids down. It just stays up there. And that’s grams that are being offered on this smarter, they don’t want to put money why we see so much wealth con- House floor and to make a decision: Do in that. They think that is a waste of centrated in the hands of so few, be- you believe that we have a responsi- money. cause Republicans think the only way bility to the poor? The Progressive The fact is Republicans have not to make the economy work is to cut all Caucus does. come up with a jobs agenda. I call it of our health and environmental regu- Do you believe that public employees the Republican no jobs agenda. lations and to give tax breaks to people and government brings quality and im- And, you know, it’s clear that the who already have more money than proves the quality of life for Ameri- government has an important role in they know what to do with. cans? Not all the time. Government terms of jobs. You hear some of my Re- Some of my Republican friends like needs to be refined like everybody. But publican colleagues say the govern- to say, well, you’ve never met a pay- the Republicans and conservatives in ment doesn’t create jobs. This is ab- roll. I met a payroll. I was a small busi- this House who make the case that surd. ness owner for many years. I was a law- government is the problem, we whole- Ask any small retailer out there yer and ran a law firm, had to pay my heartedly reject that point of view. who’s trying to make a go of it in their staff. And it wasn’t taxes and stuff that That is wrong. We believe in a mixed local community. They may have a I worried about. You know what I wor- economy, where the private sector and nail shop or they may have a hair shop ried about? Mr. Speaker, I worried the public sector exist to benefit the or they may sell retail clothing or they about customers. Could I get some cli- American people in general. may have just a small little business ents coming through the door asking So we’re here to talk about these that they opened up. If they don’t have me to write a will, to incorporate their things tonight, and we’re here to lay it any police protection—that’s the gov- business? Could I get some clients to on the table so that Americans of all ernment—then that’s going to cut the say, Would you represent me in this ac- backgrounds, all colors, all cultures, number of customers that come to cident? Or, I got in a little trouble. all faiths can make decisions about them. That is going to hurt their busi- Would you represent me in that? what kind of America they want. Be- ness. Government helping business to Clients is what I needed. And if my cause there are clearly two different thrive. customers didn’t have any money, they visions of what America is about being Ask a trucker, somebody who may wouldn’t be able to hire me. But if the offered on this House floor every day own their own rig or maybe somebody customers aren’t working and the for the last year and for the next year, who owns a trucking company. If we economy is poor and there’s no money and I think Americans should be able don’t have public roads, highways and circulating amongst working folk, my to say, I think this is the kind of things like that—that’s the govern- business suffered. And if people were America I want. And others who think ment—where would their business doing well, my business would thrive. that rich people don’t have enough model be? You ask any business person: What money and poor people have too much, The Internet. Think about Google. would you rather have, a tax cut or a they can support the Republican pro- Think about all of the wondrous eco- lot of customers? They’re going to say, gram. nomic activity associated with the Customers. I want customers. Mr. Speaker, I want to talk a little Internet. Well, the Internet was started And so this claim that the Repub- bit about jobs tonight; and, therefore, I by the government—yes, it was. licans make, that we don’t need to just want to make the case that, again, I’m telling you that, whether it’s the make sure that the average working I don’t think it’s a good idea to always National Institutes of Health coming American is doing well, we just make draw the partisan divide, but I think it up with lifesaving innovation and fund- sure that the money gets up to the top is important to be honest. And my Re- ing important basic research or wheth- and it will trickle down, is not true. publican colleagues just have not— er it is the Food and Drug Administra- And I’m so glad that the President even though they’re the majority— tion giving Americans confidence that made that point today. have not introduced a single bill for when they buy that product it’s not We’ve got to destroy myths around jobs this whole time they’ve been in going to kill them, the government this economy because, again, there are the majority. helps business thrive. It helps the mar- people who tell self-serving narratives. They will say, Oh, yes, we’ve brought ket operate properly so that we don’t They tell stories and narratives that jobs. We had jobs bills. We had jobs have caveat emptor, so that the buyer help them make more money. bills. Didn’t you see us cutting the doesn’t have to beware. The buyer I’m sure that the Koch bothers, who EPA? knows that somebody somewhere is have given a lot of donations around That’s not a jobs bill. looking to make sure that the food is and who own this big refinery and Didn’t you see us trying to let ce- edible and the water is drinkable. make a lot of money, would really like ment companies be able to emit more Now, my friends on the Republican it if we all believed that giving them a pollution in the air? side of the aisle that say government huge tax cut and getting rid of environ- That’s not a jobs bill. doesn’t do anything to help the econ- mental regulations was good for the Didn’t you see us trying to let coal omy are wrong. economy. Of course we don’t believe it companies, electric coal companies be I was so proud to hear the President because it isn’t true. But we know that able to put more emissions in the air? discredit the false economic theory of if we keep on arguing, that masses of That’s not a job bill. That’s just say- trickle down. What is trickle down? American people will say, You know ing industry can do what it wants to Mr. Speaker, trickle down is the theory what? I think it’s okay to have unem- our lungs. that, look, if we give as much money as ployment insurance for people who are But a jobs bill to help rebuild Amer- we possibly can to the richest Ameri- out of work. You know, I think it’s ica’s infrastructure? Haven’t seen that cans and we take it from the poorest okay to, in an economy like this, to ex- from our friends on the Republican side Americans and the middle class, then tend the payroll tax cut. of the aisle. A jobs bill that would help maybe the rich people, through invest- Rich people get tax cuts. Republicans refurbish public buildings like schools, ments and stuff, will put money into like it when rich people get tax cuts. haven’t seen that. They don’t want to the economy and maybe it will trickle They don’t like it when working mid- do that. down and other people will be able to dle people get tax cuts. They would A jobs bill that would say, Look, you get something out of it. Well, the rather have just the rich people get know what? We need to train Ameri- President said it’s an okay theory ex- them. cans to be able to do the jobs of the cept for it doesn’t work. But the fact is people are waking up 21st century and to promote solar, The President’s right: Trickle down all over America. They’re saying, Hey, wind, biomass, the waves, all these is a failure, and trickle down doesn’t you know, when I voted last time or I kind of ways that we can live in har- work. I’m so glad that the President didn’t vote last time, I was upset be- mony with the Earth and power the really helped explain this to the Amer- cause of the job situation. And my Earth at the same time. They haven’t ican people. Because trickle down, at friends on the Republican side of the

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.105 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8308 CONGRESSIONAL RECORD — HOUSE December 8, 2011 aisle didn’t get to the business of jobs. just a million dollars. But he did it, tailored than they could ever put on. They got in here going after the EPA they paid him millions to run Merrill They’ve got more expensive shoes. and going after tax cuts for the Lynch into the ground. And Bank of They travel all over the world. They wealthiest Americans. And because of America bought that company. fly around in jets. And they won’t pay that, you know, things haven’t been And then Countrywide, which is the nothing, and we’ve got to then talk good. leading predatory lender, subprime about cutting home heating oil, the Now, I will give President Obama lender, bought them, Bank of America LIHEAP program, cut the food stamp some credit. Because of the good work did. Got all these bad mortgages that program. that he has done, we have seen private weren’t performing because they were I mean, how do you sleep at night? job growth continue for about 24 never properly underwritten because It’s amazing to me. Shocking. Shock- months. people made money by just selling the ing. And I’m sure all of them look at each b 1610 mortgage and then selling the paper. And it was like a hot potato. Once you other and they say well, you know, we The problem is we have cut the gov- sold the mortgage, you got the fees out earned it. You can’t tell me that you ernment so badly, and at the wrong of it, send it to somebody else to be earned that. time, that State and local governments securitized into a mortgage-backed se- This is—and I’m going to tell you, have had to shed public employees left, curity. So a lot of those happened. you know, Mr. Speaker, some people right, and center. We are literally see- And Bank of America bought those want to say, well, they work hard. No, ing gains in private sector employment two companies, and then it started no. This is not true. What they do is being offset by cuts in public sector causing them losses. And then they they take all that money that they employment, and it’s unfortunate that said, America, America, we’re going make, and they come down here and that’s the situation that we have. down. Help us, please. And then they they get us to go argue for loopholes So today, I’m here with the progres- called us all together in September and for them, and they—$50 million is spent sive message. Today we’re here to illus- October 2008 and said, we need a bail- lobbying Congress; $130 million spent trate what’s at stake in America out, please. giving donations to campaigns. As of 2008, 94 percent of all can- today. And this week, thousands of We came up with a bill called TARP didates with the most money win the Americans all across the country came and Bank of America got bailed out. election. here to Washington to raise their Now, the problem is, after Bank of voices. They call themselves the 99 per- And about 261 Members of Congress— America got bailed out and got back up and there’s only 535 of us—are million- cent. And I have to say, it’s starting to on its feet somewhat, they paid all feel like the people’s House around aires. The average worth here is about their executives big giant bonuses, $700,000. And let me tell you, I’m not here. they laid off 30,000 people. I had a number of folks in my office one of those rich guys. I actually live What? Yeah. That’s how they repay on the money my constituents pay me who came on a 24-hour bus ride, Mr. the American people helping them out. Speaker, from my district in Min- because I’m working for them 24/7. And Citigroup, another one, paid no taxes. yet, you know, I go to the grocery neapolis, to come tell me that, look, They got saved. They were absolutely you know, we’ve got to rebuild Amer- store. I know how much bread costs. going down. They probably are, I don’t And so what I’m saying is, to whom ica and put people back to work. Infra- know, Citigroup is a company with a much is given, much is expected. And if structure crumbling, people can work lot of problems. Paid no taxes. America, Nation that I love so much, to rebuild it. ExxonMobil. Now these people are has a military which protects us all, They said, hey, look, you know this making money hand over fist. They are has a police department that protects income inequality is not working. And making money. They are very, very, us in our local communities, has a fire as you give more and more tax cuts very, profitable. Why? Because you’re department that makes sure that Bank and loopholes to the richest, it just happy to pay $3 gas. If you can go pay of America branches don’t burn to the ends up hurting us. $3 you’d be, like, hooray; this is the ground, America, if one of their execu- I had to tell them that two-thirds of store I’m going to go to. And you know tives or employees gets sick, the EMT all American corporations don’t pay you see it going up to four. And over truck, the emergency medical truck is any taxes at all. Two-thirds of all the last few years, it’s fluctuated be- going to come help them and bring American corporations don’t pay any tween three and four. them back to life if they can. The roads taxes at all. And I brought in this Well, do you think that ExxonMobil and the bridges that people drive to chart, Mr. Speaker. I pulled this chart is not making money on that? They are work on to all these companies, pub- out because they were—it was hard for absolutely making money hand over licly paid for. them to believe. fist because of that, and yet they pay And yet they turn around and say, I told them, I said, you know, the no taxes. yeah, you’ve done all that for us, companies on this chart that I’m about So, look, the fact is—oh, GE. Don’t America; but we’ve got nothing for to show you, you know, show me how- let me forget about my friends at GE. you. Zero taxes. ever much money you have in your I think they’re the biggest corporation It’s wrong. And there should be an pocket, you paid at least as much taxes in the world. No taxes. GE pays no Occupy movement to say so. as these companies, because if you paid taxes. Now, this is a chart, Mr. Speaker, nothing, then you paid the same as I’m like, look, you know, GE, we, the that I do like to pull out now and them. If you got one penny, you paid government, because we’ve cut taxes again. And I want to say that I actu- more than them. for the wealthiest people, and two- ally have no beef with Donald Trump Bank of America paid no taxes. Now, thirds of all corporations don’t pay any or Paris Hilton. I’m sure they’re both let me tell the story about Bank of taxes, we don’t have that much money. nice people. America, Mr. Speaker. Bank of Amer- We’re in a position where we may have But, you know, do you really think ica made bad business deals. When you to cut Head Start, home heating oil they need a tax break, Mr. Speaker? I make a bad deal in business, you’re program for senior citizens. Do y’all think they’re getting along just fine. supposed to pay for that. You know, think you could do a little bit better? I think that some of my neighbors things go wrong, people go out of busi- And they say, nope, can’t do nothing who are firefighters and cops and ness. for you. This is amazing. You mean to teachers, or who work at the local Bank of America, they went and tell me you’ve got more—the execu- bank branch, or who work at the local bought Merrill Lynch after this guy, tives of these companies got more grocery store stocking up groceries, I this CEO named Stan O’Neal, ran the houses than they could ever, ever visit; think they could use a little help. But company into the ground. They still they’ve got more lakes that they live I do believe that if Donald and Paris gave him a golden parachute of, like, on than they could ever water ski on. don’t get a tax break, they’ll manage several hundred million dollars. And I They’ve got more $1,500 Armani suits just fine. often joke and say I’d have been happy than they could ever wear. They’ve got These are the millionaires and bil- to run the company into the ground for more monogrammed shirts that are lionaires of our society. When we cut

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.106 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8309 taxes for the richest people, you’re put- in a civilized society. Taxes are not a this time—like to claim that the new ting more money in the hands of these punishment. When they talk about tax Consumer Financial Protection Agency folks. I don’t think that’s wise public relief, really, from what, from good would be reformed before it gets a new policy. schools and clean water? When they director. They say they won’t even So my point, Mr. Speaker, is just say ‘‘tax burden,’’ I mean, let me tell allow it to exist. They won’t allow it to this: you know, you want to talk tax you. have a director until they change it. breaks. We’re actually talking about If you want to live in a society where Well, we had a vote and it came into extending the payroll tax deduction so there’s no taxes and therefore no public being. So now they’re trying to wreck that $1,500 bucks, you know, could stay services, you could move to Somalia. it before it even gets up and running. in the hands of people who are really That’s what it is. No government. I The truth is that these folks who are struggling. don’t see any of our friends who love— against consumer protection and the We asked—in the U.S. Senate there I call them the free market fundamen- lobbyists that support them are trying was a bill that said, you know, million- talists—I don’t see them running to So- to water down our new consumer aires, on your first million, we’re not malia, moving to Mogadishu. watchdog’s power so they can’t hold asking you for no more taxes on your So, Mr. Speaker, I just want to say Wall Street and predatory lenders ac- first million. But on your second mil- quite frankly that on this Thursday countable. And that’s too bad. They lion, can we have 3 percent? You know. night in this great country, in my view don’t want anybody to be the new cop What do you think? the greatest country in the history of on the beat protecting all Americans They’re, like, nope, nothing doing. the world, Americans have a question against these predatory lenders. I said, even if it’s going to help work- before themselves. Are we going to I’ve always said, look, if you’re offering class people, you know? Will you choose community, choose each other, ing a good financial product that helps help then? or is it going to be a selfish pursuit people and is fair, why would you be Nope. No. Can’t do it. Cannot pos- where everybody is only on their own? afraid of a little transparency? Only if sibly do it. It might sap their incentive I view America as people who would your business model is based on bilking to work. If we were to help the working look out for each other, even the least- and cheating customers would you class people of America, it might sap to-be. want to fight against a Consumer Fi- Americans don’t think that helping their incentive to work, so we can’t nancial Protection Bureau. seniors who are on Social Security is a help them. Without an enforcer and without real bad thing to do. Americans don’t think powers to crack down on predatory b 1620 that helping the poor and the sick is loans, we will keep on seeing mort- Tax breaks for billionaires or tax somehow a bad thing to do. In fact, one of the things that illus- gages that are designed to fail from the breaks for teachers, police, firefighters, very beginning, tricking people with job training, small business, invest- trated this national debate we’re having, Mr. Speaker, is something that the fine print, cheating consumers to ment, better schools, clean energy, make a quick buck. health care, infrastructure investment, happened in the United States Senate today, the other body. So, Mr. Speaker, I see that Repub- college affordability. licans are ready to take the time. I’m Now, my question is, Mr. Speaker, Today, I can’t blame my friends in the House, my Republican friends in happy to yield it. I’m going to yield what are America’s priorities? I’ve got back the balance of my time in just a a feeling that they’re with these folks the House. They didn’t do this one. But today, Republicans in the Senate voted moment. down here. I think America would But I just want to say that America rather help these folk than these folks. to block President Obama’s appointment of Richard Cordray to head the was a good idea. America is a good Just a wild guess. Consumer Financial Protection Bu- idea. But it’s an idea that you have to So that’s all we’re asking for. This reau. fight for; and the idea of liberty and payroll tax deduction, you know, Now, look, the Consumer Financial justice for all living in a fair, pros- $1,000, $1,500 in the pockets of people Protection Bureau came about because perous economy is something that who really need it. We asked billion- of the massive failure of decency on Americans all over this country have aires and millionaires to pony up just a Wall Street that resulted in all of the to stand up for and assert because if we little more. They wouldn’t even notice foreclosures and America having to leave it to the big guys, to the 1 per- it, wouldn’t have to cancel any of your bail out the likes of Bear Stearns, and cent, to the people with all the money country club memberships. But they Bank of America and a whole bunch of and all the dough, they’re going to said no. others. And they said, look, you know, snatch this great American Dream There is a loss of civic virtue among a mortgage document can be very com- away from us. some of our most privileged Ameri- plicated, and we just want to have a With that, I yield back the balance of cans, but I’m proud to tell you about a bureau that will try to make these our time. group of guys and women called the things simpler so people know what f Patriotic Millionaires. They came to a they’re signing up for; a bureau that forum that the Progressive Caucus or- THE SPECTER OF GLOBAL will say you’ve got to say what the in- GOVERNANCE ganized last week, Mr. Speaker, and terest rates are going to be, you’ve got the Patriotic Millionaires said, You to say what the terms are going to be The SPEAKER pro tempore. Under know what, you’ve invested in research so that we can have transparency. the Speaker’s announced policy of Jan- which we used to make our products Actually, the real free marketeers uary 5, 2011, the gentleman from Cali- that made us rich. You invested in around here would never be against fornia (Mr. ROHRABACHER) is recognized roads and bridges and education that more information and better and more for 30 minutes. we used to help make us rich. And we effective information going to the con- Mr. ROHRABACHER. Thank you, Mr. love America more than we love all sumer. I mean, Adam Smith, the one Speaker. that money, and we’re here to pay who wrote—oh, my goodness, I can’t Before I go into my prepared re- taxes. believe I can’t remember the name of marks, I would like to point out that I And then some smarty-pants Repub- that great book—but the one in which personally have opposed all of the bail- lican said, Well, if you want to pay he describes the invisible hand and how outs and the hundreds of billions of extra and you’re rich, you can. I’m sure markets move and people operate and dollars that the Obama administration the Treasury will accept your checks. their individual interest yields the has channeled to different financial And then one of the Patriotic Ameri- economy. He said in that book that wheeler-dealers and cronies, like Gold- cans said something really wise. He consumer information is key to a good man Sachs and the others that have re- said, You know, America is not a char- market operating. So I don’t know why ceived so much money as directed to ity. America is all of our responsi- people wouldn’t want a good market to them from this administration, just to bility, and that’s what taxes are. operate. put it on the record. I’m here today, Mr. Speaker, to argue But anyway, Republicans in the Sen- Many of these so-called corporations that taxes are the dues we pay to live ate—can’t blame the House members that my colleague just pointed out, if

VerDate Mar 15 2010 05:08 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.108 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8310 CONGRESSIONAL RECORD — HOUSE December 8, 2011 we take a look, when we say if we’re reviewed dissenting opinions. How the say that what we’re talking about is going to increase taxes on them, these mainstream media or publications like minuscule, no, that’s not smart corporations’ biggest stockholders hap- the National Journal, for example, enough. What it really is is micro- pen to be pension funds. What we’re have ignored the systematic oppression scopic. really talking about by trying to say that I speak about is beyond me. Frankly, I believe that CO2 is so ir- we’re going to just tax these big cor- If you’ve heard the words ‘‘case relevant that it should not be the focus porations, what we’re really doing is closed,’’ it doesn’t take a genius to fig- of air standards and regulations. After taxing the pension funds and are taxing ure out that the purpose of such a proc- all, it is not harmful to human beings the entities that provide the money for lamation is to limit and repress debate. unless, of course, you stick it into your the pension funds for the rest of the Well, the case isn’t closed, so let’s start automobile in the garage and shut the citizens of this country. But that is an- with some facts about manmade global door for hours and hours at a time. The other issue that I will discuss some warming and the theory of manmade CO2 that’s in the atmosphere is not other day. global warming. harmful. Other gases, like NOX, which Today, Mr. Speaker, as a strong ad- First and foremost, the Earth has ex- are damaging to human health, should vocate of human progress through ad- perienced cooling and warming climate be a much higher priority than CO2. vancing mankind’s understanding of cycles for millions of years, which a NOX is harmful to people’s health. It’s science and engineering, I rise to dis- significant number of prominent sci- global pollution, not global warming, cuss the blatant abuse and misuse of entists believe is tied to solar activ- that we should be concerned about. science. A few nights ago, I watched a ity—just like similar temperature Not making this distinction has cost video of President Eisenhower’s 1961 trends have been identified on Mars us billions, maybe more. The tempera- farewell address. Unfortunately, his and other bodies in the solar system— ture of this planet isn’t manmade, and much-heralded warnings about the and that is the Sun. we can’t do anything about it. Our en- military industrial complex, which So how about those icecaps on Mars ergy challenges and the air quality were right on target, I might add, that that seem to expand and recede, mir- that we have are man-influenced, if not warning has unfortunately obscured roring our own polar icecaps? Doesn’t manmade. We can do something about another warning in that farewell ad- that point to the Sun rather than to these maladies. dress that is just as significant. human activity? After all, there are But the alarmists are not interested very few, if any, human beings around in solving those problems. They are b 1630 on Mars, and certainly millions of part of a coalition that wants to Eisenhower pointed to the danger ‘‘of years ago, when we had other cycles in change our way of life, which requires domination of the Nation’s scholars by the world, there weren’t very many us to acquiesce—or, better yet, to Federal employment, project alloca- human beings, if any, around. So where frighten us into submission. Make no tions, and the power of money is ever do the climate cycles come from? What mistake: The manmade global warming present—and is gravely to be regarded. causes climate cycles? theory is being pushed by people who Yet, in holding scientific research and Right off the bat, let’s acknowledge believe in global government. They discovery in respect, as we should, we that manmade global warming advo- have been looking for an excuse for an must also be alert to the equal and op- cates, who I suggest are alarmists, do incredible freedom-busting centraliza- posite danger that public policy could not believe the Sun has no impact on tion of power for a long time, and itself become the captive of a sci- climate cycles. They just believe that they’ve found it in the specter of man- entific-technological elite.’’ the Sun has a minimal impact as com- made global warming. In my lifetime, there has been no pared to the increasing level of CO2 in For the past 30 years, the alarmists greater example of this threat, which the atmosphere. Basically, they believe have been spouting ‘‘Chicken Little’’ Eisenhower warned us about, than the that the Sun does have some impact climate science. This campaign was insidious coalition of research science but nothing compared to the increase turbocharged in the 1990s when the and political largesse—a coalition that in CO2 in the atmosphere. Today, they Clinton administration made it part of has conducted an unrelenting crusade believe this increase in CO2 in the at- its agenda, thanks to Vice President Al to convince the American people that mosphere has become very frightening Gore. One of the first actions that the their health and their safety and— because mankind is using fossil fuels, administration took was to fire the top yes—their very survival on this planet which they believe is causing this dra- scientist at the Department of Edu- is at risk due to manmade global matic increase in CO2. cation, Dr. William Happer, a profes- warming. The purpose of this greatest- Similarly, skeptics like me believe sional who, at the time, dared to be of-all propaganda campaigns is to en- the solar activity of the Sun is the open-minded about the global warming list public support for, if not just the major factor in creating the Earth’s theory. Al Gore decided Dr. Happer just acquiescence to, a dramatic mandated climate cycles, including the one that didn’t fit in, and out he went. From change in our society and a mandated we’re currently in. We also believe that there, the pattern became all too clear. change to our way of life. This cam- manmade CO2 buildup may have a In order to receive even one iota of paign has such momentum and power minor impact. The debate isn’t all Sun Federal research funds, a scientist had that it is now a tangible threat to our or all manmade CO2. It’s over which of to toe the line on manmade global freedom and to our prosperity as a peo- these factors is a major determinant or warming. ple. even the significant determinant. There is a biblical quote: ‘‘The truth Ironically, as the crusade against At this point, one other fact needs to shall set you free.’’ Well, this is a bat- manmade global warming grows in be understood. Many intelligent people tle for the truth, and we are up against power, more evidence surfaces every believe that CO2—carbon dioxide—rep- a political machine that has been day that the scientific theory on which resents 10, 20, even 30 percent of the at- yelling, ‘‘Case closed,’’ and restricting the alarmists have based their crusade mosphere. If anyone is reading this or Federal research grants only to those is totally bogus. The general public and is listening to this, answer this ques- who agree with them. decisionmakers for decades have been tion: That we have politicos who believe in inundated with phony science, altered What do you think the percentage is centralizing power and are willing to numbers, and outright fraud. This is after all we’ve heard, time and time use their own power certainly should the ultimate power grab in the name of again, of how CO2 is changing the cli- surprise no one, but that a scientific- saving the world; and like all fanatics, mate of our planet? technological elite, the very group that disagreement is not allowed in such en- As I say, most people think it’s 10, 20, President Eisenhower warned us deavors. even 30 percent of the atmosphere. In against 50 years ago, has allied itself Prominent scientists who have been reality, CO2 is less—less—than one half with such a political power play is to- skeptical of the claims of manmade of one-tenth of 1 percent of the atmos- tally contrary to what science and sci- global warming have themselves been phere, and humankind’s contribution entists are supposed to be all about. cut from research grants and have been to that one half of one-tenth of 1 per- Because of the retaliation of those obstructed when trying to publish peer- cent is a small fraction of that. So to alarmists in charge of bestowing the

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.110 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8311 Federal research grants, opposition to To alarmists, however, the sky is Well, I guess they think that we this power grab has taken time to coa- falling. A couple of degrees warmer and would just forget about the predictions lesce; but the opposition to the man- the sky is heating, or it’s falling, that and their predictions over and over made global warming theory is now is, or heating, and all of this is caused again being 100 percent wrong. Even evident and won’t be ignored. by mankind pumping CO2 into the air. the much-touted melting of the icecaps There have been major conferences This theory of manmade CO2 causing has now reversed itself in the last few here in Washington and at other loca- global warming emerged when sci- years. According to the most recent tions around the Nation, with hundreds entists mistakenly believed that the data from the National Snow and Ice of prominent members of the scientific data they were studying from ice cores Data Center in Boulder, Colorado, not community. Individuals, many of indicated that a warming of our planet all the icecaps are melting now. whom are renowned scientists, Ph.D.’s was happening after a major increase There’s melting, and there is also re- and heads of major university science in CO2. freezing going on. departments, including a few Nobel However, later, it was found that the So the polar icecaps aren’t going Prize winners, have all stepped up and ice cores were misread. Nicholas away and, yes, the polar bears are not spoken out. Caillon pointed out in Science maga- becoming extinct. They were put on zine in 2003 that the CO increase b 1640 2 the extinct list even though they lagged Antarctic deglacierization weren’t extinct. In fact, there are some Even with little news coverage, this warming by 800 to 200 years, give or number of polar bear families that are group, who are accurately referred to take 200 years. So the heating came growing dramatically in the last few as skeptics, are gaining ever more rec- first, and then the CO2 increased, not years, even as we were warned that ognition and ever more influence. They the other way around. polar bears were becoming extinct. face a daunting challenge, however, Yes, when Earth heats up, there is Warming has ended, but the power and they, as I say, have to fight for any more CO2. But we’ve been told the op- grab continues. What we are now find- attention, even though they have just posite over and over again, and we were ing out is exactly how ruthless and, as good credentials as those people who told it was the CO2 that was making yes, deceitful that power grab has been. are advocating on the other side. For a the Earth heat up, and they were tell- One example of blackballing is of list of some of these credentialed and ing us that the Earth will keep heating prominent scientists like Dr. William very well-respected skeptics, one can up until it reaches a tipping point, and Gray, Emeritus Professor of Atmos- visit my Web site. I’m Congressman then there will be a huge jump in the pheric Science at Colorado State Uni- DANA ROHRABACHER from California. temperature. The temperature will versity and the head of the Tropical So what is this apocalyptic manmade shoot up once it reaches this tipping Meteorology Project at CSU’s Depart- global warming theory that the point. And we could expect, this is ment of Atmospheric Science. Gray globalists and radical environmental- what we were told over and over again had the courage and honesty to point ists would have us believe? It is that by the scientists predicting over and out that there have not, in recent our planet is dramatically heating up over again that we could expect this years, been more or stronger hurri- because we human beings, especially warming to go on and on until we quit canes and other such storms than in Americans, put large amounts of CO 2 using CO2 and quit using these CO2- the past. No more research grants for into the atmosphere as a result of emitting fossil fuels as a major source him, no attention in the media, either. using oil, gas, and coal as fuel. of our energy. Zealots can usually find high-sound- The CO2 has an impact in that it en- The future they described was hot ing excuses for their transgressions traps a certain amount of heat in the and bleak, but their frightening illu- against other professionals like Dr. atmosphere, thus dangerously warming sion began to disintegrate when, about Gray. Professional figures in white the planet. We have been warned about 9 years ago, even as more CO2 was coats with authoritative tones of huge changes in our environment, in- being pumped into the air and has con- voices and lots of credentials repeat- cluding a 10-degree jump in the overall tinued to be pumped into the air, the edly dismiss criticism by claiming that temperature, and thus a serious rise in Earth quit warming and, in fact, it their so-called scientific findings had the level of the oceans of the world. may be now in a cooling cycle. That’s been peer reviewed, verified by other Vice President Gore, in his movie, right. The NOAA National Climate scientists. It sounds so much beyond ‘‘An Inconvenient Truth,’’ showed what Data Center shows that ground surface reproach. They gave each other prizes seemed to be a video of melting and temperatures have flattened, and there as they selectively handed out research breaking icecaps. Inconveniently, hasn’t been any net warming since 1998, grants. somebody squealed, the video was actu- and the RSS microwave sounding To those who disagreed, like Dr. ally a special effect. It was Styrofoam units—that’s MSU—operating on Gray, no matter how prominent, they made to look like melting and break- NOAA satellites show a net cooling were treated like nonentities, like they ing icecaps. But that’s no problem. since 1998. didn’t exist, or were personally dispar- People still listen to Al Gore. It’s totally the opposite of every pre- aged with labels like ‘‘denier.’’ Well, Over and over again, the alarmists diction of the United Nations Intergov- you know, Holocaust denier, that’s have said that the Earth is dramati- ernmental Panel on Climate Change, what you do. Now, how much uglier cally heating up. Look closely at the that’s the IPCC, and their faulty com- does it get? How much against the data that they’re talking about. Look puter models, as well as the army of standard of professional science can closely at the date that was picked by global warming scientists who have you be than to try to paint someone these people as a baseline for com- been warning us about higher and high- like that because he disagrees with paring temperatures. It is 1850. And er temperatures of what we could ex- you? what is 1850? It’s the end of a 500-year pect. decline in the Earth’s temperature. Well, miraculously, the frantic b 1650 The Little Ice Age was ending in the claims and predictions of manmade Well, these unprofessional tactics 1850s. Skeptics say that a 1- or 2-degree global warming have now been replaced won’t work forever, and it’s becoming increase in the planet’s temperature is with an all-new encompassing warning. ever clearer that the man-made global irrelevant if the basis of comparison is So if it gets colder, or it gets warmer, warming steamroller is beginning to a 500-year low in the Earth’s tempera- the alarmists will have their way be- fall apart. We now know that the sci- ture. To skeptics, currently we are just cause that’s being caused by too much entists clamoring for subservient ac- in another natural climate cycle. CO2. ceptance to their theory of man-made That’s what we as skeptics believe. Well, what is being caused? Well, global warming were themselves mak- This is another natural climate cycle, whatever it is, it’s being caused by it. ing a sham out of the scientific meth- and it’s been going on, as was the 500- And so they changed the words from odology. We now know what they were year decline in the Earth’s tempera- global warming to climate change and doing. I’m speaking, of course, of tures. If it’s going up a little bit now, have replaced, as I say, global warming Climategate, the publication of over that is a natural climate cycle. with their climate change. 1,000 emails and 3,000 other unofficially

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.112 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8312 CONGRESSIONAL RECORD — HOUSE December 8, 2011 obtained documents from one of the said Climategate 2: ‘‘These scientists politicize the scientific debate. For example, world’s foremost global warming review global warming as a political Tom Wigley, a scientist at the University search institutes, the Climate Research ‘cause’ rather than a balanced sci- Corporation for Atmospheric Research, authored a Climategate 1.0 email asserting that Unit of East Anglia University in the entific inquiry.’’ his fellow Climategate scientists ‘‘must get United Kingdom. And we have all heard CLIMATEGATE 2.0: NEW E-MAILS ROCK THE rid of’’ the editor for a peer-reviewed science of those quotes. Here’s a few of them: GLOBAL WARMING DEBATE journal because he published some papers ‘‘We can’t account for the lack of (By James Taylor) contradicting assertions of a global warming warming at the moment, and it’s a A new batch of 5,000 emails among sci- crisis. travesty that we can’t.’’ entists central to the assertion that humans More than revealing misconduct and im- How about another quote: ‘‘I’ve just are causing a global warming crisis were proper motives, the newly released emails completed Mike’s nature trick . . . to anonymously released to the public yester- additionally reveal frank admissions of the day, igniting a new firestorm of controversy scientific shortcomings of global warming hide the decline.’’ assertions. Here’s another quote: ‘‘We’ll keep nearly two years to the day after similar emails ignited the Climategate scandal. ‘‘Observations do not show rising tempera- them’’—meaning the skeptics of their Three themes are emerging from the newly tures throughout the tropical troposphere science. ‘‘We’ll keep them out some- released emails: (1) prominent scientists cen- unless you accept one single study and ap- how—even if we have to redefine what tral to the global warming debate are taking proach and discount a wealth of others. This peer-review literature is.’’ measures to conceal rather than disseminate is just downright dangerous. We need to How about this for another quote: ‘‘If underlying data and discussions; (2) these communicate the uncertainty and be honest. they ever hear there is a Freedom of scientists view global warming as a political Phil, hopefully we can find time to discuss ‘‘cause’’ rather than a balanced scientific in- these further if necessary,’’ writes Peter Information Act now in the U.K., I Thorne of the UK Met Office. think I’ll delete the file rather than quiry and (3) many of these scientists frankly admit to each other that much of the ‘‘I also think the science is being manipu- send it to anyone.’’ science is weak and dependent on deliberate lated to put a political spin on it which for Deleting files? Trying to prevent peer manipulation of facts and data. all our sakes might not be too clever in the review? What kind of scientists were Regarding scientific transparency, a defin- long run,’’ Thorne adds. these? Well, arrogant and politically ing characteristic of science is the open shar- ‘‘Mike, The Figure you sent is very decep- motivated scientists, that’s who. ing of scientific data, theories and proce- tive . . . there have been a number of dis- honest presentations of model results by in- The unauthorized release of those in- dures so that independent parties, and especially skeptics of a particular theory or hy- dividual authors and by IPCC,’’ Wigley ac- ternal memos exposed the shenanigans knowledges. of the man-made global warming pothesis, can replicate and validate asserted experiments or observations. Emails between More damaging emails will likely be un- alarmists and the crime being com- Climategate scientists, however, show a con- covered during the next few days as observ- mitted against science and the public. certed effort to hide rather than disseminate ers pour through the 5,000 emails. What is al- Even though handpicked panels of underlying evidence and procedures. ready clear, however, is the need for more their peers held the a kangaroo court— ‘‘I’ve been told that IPCC is above national objective research and ethical conduct by FOI [Freedom of Information] Acts. One way the scientists at the heart of the IPCC and yeah, their own peers judged them, the global warming discussion. that’s right—and that kangaroo court to cover yourself and all those working in Perhaps the most perplexing aspect loudly proclaimed there had no wrong- AR5 would be to delete all emails at the end of the process,’’ writes Phil Jones, a scientist of all of this, amid all of the consterna- doing by these people, well, public con- working with the United Nations Intergov- tion about their malpractices to which fidence was justifiably shaken in the ernmental Panel on Climate Change (IPCC), we have now been exposed: The global global warming science advocates. in a newly released email. warming elite just keeps a straight Now, just as that scandal was about ‘‘Any work we have done in the past is face. They keep up their PowerPoint to be forgotten, we have an even larger done on the back of the research grants we presentations, distorted graphs and all, database being exposed showing even get—and has to be well hidden,’’ Jones writes and continue projections of man-made more clearly how this elite operates, in another newly released email. ‘‘I’ve dis- cussed this with the main funder (U.S. Dept global doom and gloom. They try to ig- and it ain’t pretty. of Energy) in the past and they are happy nore the uproar and change the sub- Here are some of the quotes from the about not releasing the original station newly released database: Unfortu- ject, but these recent revelations seri- data.’’ ously call into question the basic nately, there is no way to fix the IPCC, The original Climategate emails contained science of man-made global warming and there never was. The reason is that similar evidence of destroying information its information over 20 years ago was and data that the public would naturally as- fanatics. In the meantime, a report was re- to support political and energy policy sume would be available according to free- cently issued by world-respected sci- goals, not to search for scientific truth. dom of information principles. ‘‘Mike, can entists at CERN in Switzerland. The Here’s another quote: If you disagree you delete any emails you may have had with Keith [Briffa] re AR4 [UN Intergovern- CERN study demonstrated it is cosmic with their interpretation of climate mental Panel on Climate Change 4th Assess- rays from the sun that determine glob- change, you were left out of the IPCC ment]?’’ Jones wrote to Penn State Univer- al cloud cover, and the clouds have dra- process. They ignore or fight against sity scientist Michael Mann in an email re- matically more to do with temperature any evidence which does not support leased in Climategate 1.0. ‘‘Keith will do than the minuscule amounts of CO in their policy-driven mission, even to the likewise. . . . We will be getting Caspar 2 [Ammann] to do likewise. I see that CA [the the atmosphere. point of pressuring scientific journals The Cloud Project at a highly re- not to publish papers which might hurt Climate Audit Web site] claim they discovered the 1945 problem in the Nature paper!!’’ spected CERN laboratory published a the IPCC’s effort. The new emails also reveal the scientists’ paper in the journal Nature this past Here’s another one regarding the attempts to politicize the debate and ad- August based on this research which IPCC: I also think the science is being vance predetermined outcomes. shows that the sun’s activity is influ- manipulated to put a political spin on ‘‘The trick may be to decide on the main encing cloud formation and may ac- it. message and use that to guid[e] what’s in- count for most of the recorded tem- Here’s another one: It’s very likely cluded and what is left out’’ of IPCC reports, writes Jonathan Overpeck, coordinating lead perature changes in the last century. that the mean temperature has shown I would like to submit an editorial much larger past variability than author for the IPCC’s most recent climate assessment. about this project from The Wall caught by previous reconstructions. We ‘‘I gave up on [Georgia Institute of Tech- Street Journal by Anne Jolis for the cannot, from these reconstructions, nology climate professor] Judith Curry a RECORD. conclude that the previous 50-year pe- while ago. I don’t know what she thinks THE OTHER CLIMATE THEORY riod has been unique in the context of she’s doing, but its not helping the cause,’’ Al Gore won’t hear it, but heavenly bodies the last 500 to 1,000 years. wrote Mann in another newly released email. ‘‘I have been talking w/ folks in the states might be driving long-term weather trends. What’s that mean? That means the (By Anne Jolis) current cycle we’re in has nothing to about finding an investigative journalist to investigate and expose’’ skeptical scientist In April 1990, Al Gore published an open do with the burning of fossil fuel by Steve McIntyre, Mann writes in another letter in the New York Times ‘‘To Skeptics human beings. newly released email. on Global Warming’’ in which he compared I would like to insert an article from These new emails add weight to them to medieval flat-Earthers. He soon be- James Taylor of Forbes magazine who Climategate 1.0 emails revealing efforts to came vice president and his conviction that

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.115 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8313 climate change was dominated by man-made that pre-industrial climate has frequently be associated with. I remember another re- emissions went mainstream. Western gov- varied on 100-year timescales, and what’s searcher saying to me years ago that the ernments embarked on a new era of anti- been found is that often these variations cor- only thing he could say about cosmic rays emission regulation and poured billions into relate with changes in solar activity, solar and climate was that it was a really bad ca- research that might justify it. As far as the wind. You see correlations in the atmosphere reer move.’’ average Western politician was concerned, between cosmic rays and clouds—that’s what On that point, Mr. Kirkby—whose organi- the debate was over. Svensmark reported. But these correlations zation is controlled by not one but 20 govern- But a few physicists weren’t worrying don’t prove cause and effect, and it’s very ments—really does not want to discuss poli- about Al Gore in the 1990s. They were theo- difficult to isolate what’s due to cosmic rays tics at all: ‘‘I’m an experimental particle rizing about another possible factor in cli- and what’s due to other things.’’ physicist, okay? That somehow nature may mate change: charged subatomic particles In 1997 he decided that ‘‘the best way to have decided to connect the high-energy from outer space, or ‘‘cosmic rays,’’ whose settle it would be to use the CERN particle physics of the cosmos with the earth’s at- atmospheric levels appear to rise and fall beam as an artificial source of cosmic rays mosphere—that’s what nature may have with the weakness or strength of solar winds and reconstruct an artificial atmosphere in done, not what I’ve done.’’ that deflect them from the earth. These the lab.’’ He predicted to reporters at the Last month’s findings don’t herald the end shifts might significantly impact the type time that, based on Mr. Svensmark’s paper, of a debate, but the resumption of one. That and quantity of clouds covering the earth, the theory would ‘‘probably be able to ac- is, if the politicians purporting to legislate providing a clue to one of the least-under- count for somewhere between a half and the based on science will allow it. stood but most important questions about whole’’ of 20th-century warming. He gath- In this piece, she says: charged sub- climate. Heavenly bodies might be driving ered a team of scientists, including Mr. atomic particles from outer space, or long-term weather trends. Svensmark, and proposed the The theory has now moved from the cor- groundbreaking experiment to his bosses at cosmic rays, might significantly im- ners of climate skepticism to the center of CERN. pact the type and quality of clouds cov- the physical-science universe: the European Then he waited. It took six years for CERN ering the Earth, providing a clue to one Organization for Nuclear Research, also to greenlight and fund the experiment. Mr. of the least understood but most im- known as CERN. At the Franco-Swiss home Kirkby cites financial pressures for the delay portant questions about climate. Heav- of the world’s most powerful particle accel- and says that ‘‘it wasn’t political.’’ enly bodies might be driving long-term erator, scientists have been shooting simu- Mr. Svensmark declines entirely to guess weather trends. lated cosmic rays into a cloud chamber to why CERN took so long, noting only that isolate and measure their contribution to ‘‘more generally in the climate community And while scientists have discovered cloud formation. CERN’s researchers re- that is so sensitive, sometimes science goes the sun’s relationship to cloud cover, ported last month that in the conditions into the background.’’ even more recently there’s been a they’ve observed so far, these rays appear to By 2002, a handful of other scientists had study directly undermining the theory be enhancing the formation rates of pre- started to explore the correlation, and Mr. that CO2 levels are a major deter- cloud seeds by up to a factor of 10. Current Svensmark decided that ‘‘if I was going to be minant of the Earth’s temperature. climate models do not consider any impact proved wrong, it would be nice if I did it my- A recent editorial from Investor’s of cosmic rays on clouds. self.’’ He decided to go ahead in Denmark Scientists have been speculating on the re- and construct his own cloud chamber. ‘‘In Business Daily on the topic of this new lationship among cosmic rays, solar activity 2006 we had our first results: We had dem- study about temperature sensitivity to and clouds since at least the 1970s. But the onstrated the mechanism’’ of cosmic rays en- carbon dioxide undermines the case- notion didn’t get a workout until 1995, when hancing cloud formation. The IPCC’s 2007 re- closed arguments of the scientific elite. Danish physicist Henrik Svensmark came port all but dismissed the theory. From the editorial: The left’s pro- across a 1991 paper by Eigil Friis-Christensen Mr. Kirkby’s CERN experiment was finally posed solutions to the world’s ills are and Knud Lassen, who had charted a close re- approved in 2006 and has been under way based on the idea that carbon dioxide is lationship between solar variations and since 2009. So far, it has not proved Mr. a climate-heating poison that must be Svensmark wrong. ‘‘The result simply leaves changes in the earth’s surface temperature scrubbed from the global economy at since 1860. open the possibility that cosmic rays could ‘‘I had this idea that the real link could be influence the climate,’’ stresses Mr. Kirkby, all costs. Yet another study shows this between cloud cover and cosmic rays, and I quick to tamp down any interpretation that to be foolishness. wanted to try to figure out if it was a good would make for a good headline. And I submit that for the RECORD at idea or a bad idea,’’ Mr. Svensmark told me This seems wise: In July, CERN Director this point as well. from Copenhagen, where he leads sun-cli- General Rolf-Dieter Heuer told Die Welt that [From the Investor’s Business Daily mate research at the Danish National Space he was asking his researchers to make the Editorial, Nov. 25, 2011] Institute. forthcoming cloud-chamber results ‘‘clear, He wasn’t the first scientist to have the however, not to interpret them. This would GLOBAL WARMING MODELS CALLED INTO idea, but he was the first to try to dem- go immediately into the highly political QUESTION BY NEW STUDY onstrate it. He got in touch with Mr. Friis- arena of the climate-change debate.’’ Climate: The left’s proposed solutions for Christensen, and they used satellite data to But while the cosmic-ray theory has been the world’s ills are based on the idea that show a close correlation among solar activ- ridiculed from the start by those who sub- carbon dioxide is a climate-heating poison ity, cloud cover and cosmic-ray levels since scribe to the anthropogenic-warming theory, that must be scrubbed from the global econ- 1979. both Mr. Kirkby and Mr. Svensmark hold omy at all cost. Yet another study shows They announced their findings, and the that human activity is contributing to cli- this is foolish. possible climatic implications, at a 1996 mate change. All they question is its impor- The study in the journal Science found space conference in Birmingham, England. tance relative to other, natural factors. that global temperatures appear to be far Then, as Mr. Svensmark recalls, ‘‘everything Through several more years of ‘‘careful, less sensitive to the amount of CO2 in the at- went completely crazy.... It turned out it quantitative measurement’’ at CERN, Mr. mosphere than originally estimated. was very, very sensitive to say these things Kirkby predicts he and his team will ‘‘defini- This sounds prosaic, but it’s a bombshell— already at that time.’’ He returned to Copen- tively answer the question of whether or not another in a long line of revelations showing hagen to find his local daily leading with a cosmic rays have a climatically significant the scientific fraud at the heart of the anti- quote from the then-chair of the U.N. Inter- effect on clouds.’’ His old ally Mr. global warming movement. governmental Panel on Climate Change Svensmark feels he’s already answered that The study’s findings are simple and dev- (IPCC): ‘‘I find the move from this pair sci- question, and he guesses that CERN’s initial astating. ‘‘This implies that the effect of CO2 entifically extremely naive and irrespon- results ‘‘could have been achieved eight to 10 on climate is less than previously thought,’’ sible.’’ years ago, if the project had been approved said Oregon State University’s Andreas Mr. Svensmark had been, at the very least, and financed.’’ Schmittner, the study’s main author. politically naı¨ve. ‘‘Before 1995 I was doing The biggest milestone in last month’s pub- Even with a doubling of CO2 from levels things related to quantum fluctuations. No- lication may be not the content but the that existed before the Industrial Revolu- body was interested, it was just me sitting in source, which will be a lot harder to ignore tion, the study found a likely increase in my office. It was really an eye-opener, that than Mr. Svensmark and his small Danish Earth’s temperature only from about 3.1 de- baptism into climate science.’’ He says his institute. grees Fahrenheit to 4.7 degrees Fahrenheit. work was ‘‘very much ignored’’ by the cli- Any regrets, now that CERN’s particle ac- That compares with the U.N. Intergovern- mate-science establishment—but not by celerator is spinning without him? ‘‘No. It’s mental Panel on Climate Change’s 2007 re- CERN physicist Jasper Kirkby, who is lead- been both a blessing and the opposite,’’ says port, which predicted an increase of 3.6 de- ing today’s ongoing cloud-chamber experi- Mr. Svensmark. ‘‘I had this field more or less grees to 8.6 degrees. ment. to myself for years—that would never have Coupled with the fact the average global On the phone from Geneva, Mr. Kirkby happened in other areas of science, such as temperature hasn’t increased at all over the says that Mr. Svensmark’s hypothesis particle physics. But this has been some- past decade—even though under all of the ‘‘started me thinking: There’s good evidence thing that most climate scientists would not global warming models now in use, this is

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.058 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8314 CONGRESSIONAL RECORD — HOUSE December 8, 2011 impossible—warmist ideology is crumbling. damentally benefited everyone on the and work diligently—and differently There is no climate armageddon on the hori- Earth because we have been wasting than our predecessors—on the critical zon. our time and our resources. We have issues our country was facing during But don’t expect global warm-mongers to admit this. As we’ve discovered from a new been trying to figure out how to bury these challenging times. Record high trove of emails sent by leading European cli- carbon in the ground and other such unemployment; a quickly growing mate-change scientists, there has been a things. debt; out-of-control spending that leads vast, global green conspiracy to silence sci- Well, Mr. Speaker, I’m here to ex- to budget deficits year after year; a entific opposition to the idea—even to the plain that this is utter nonsense and to spiraling foreclosure rate around the point of falsifying data and ruining others’ warn of the danger that lurks behind country, and specifically back in our careers. Subscribe to the IBD Editorials Podcast— this high-sounding cause. district in south Florida; businesses The left’s entire prescription for solving the Don’t miss the significance, by the shutting their doors, due in part to in- world’s ills—ranging from population control way, of the Durban conference in South creasing uncertainty provided by the to strict regulation of businesses to shrink- Africa that is gathering now to deter- government from crushing regulations ing CO2 output—are premised on the notion mine how best to control our lives. issued by Federal agencies in Wash- that carbon-dioxide is a poison. 1700 ington, D.C., and the list goes on. Happily, the left’s pernicious, economy-de- b Friends, neighbors, colleagues, and stroying and false global warming ideology As happened in Kyoto and Copen- is collapsing under a growing body of evi- our fellow citizens all believed our Na- dence that the CO2 scare is a fraud. hagen in the past, they now are meet- tion was on the wrong track, and we Who says we have nothing to be thankful ing in Durban to try to find ways of were concerned for our future. Many of for? issuing mandates to the people of the them felt our country’s best days were And despite the weaknesses of the world in the name of stopping global in the past and that our future looked linkage between CO2 and temperature, warming. bleak. Each of them wanted our Fed- the alarmists continue with their tac- Mr. Speaker, I would suggest to the eral Government to take a different tics. We just heard a report published people of the United States they pay course of action. in Nature Climate Change in the last close attention to this. Eisenhower Mr. Speaker, I spent the majority of few days that CO2 emissions in 2010 isn’t here to protect us anymore. The my adult life—22 years—serving in the went up by 5.9 percent, which scientists fact is our freedom is at stake. The United States Army, never having been claimed was the highest total annual globalists would like to control the elected to public office. I have dedi- growth ever recorded—except they people of the United States. It’s up to cated my career to serving our great didn’t record any CO2 emissions. They us to defend our freedom. The patriots Nation. But unlike many of those estimated that based on energy use. will win if we stand together. whom I serve with here in Congress, I They didn’t take into account new I yield back the balance of my time. am not a career politician. I have led technologies that make gas and oil and f soldiers in combat on foreign battle- coal cleaner and greener. The scientists fields, and was ready to go to our Na- YEAR IN REVIEW: FIRST SESSION didn’t care about how cleanly coal and tion’s Capitol and lead from the front OF 112TH CONGRESS oil might be being burned; they just es- on this new battlefield. I understood timated—or guesstimated—CO2 emis- The SPEAKER pro tempore (Mr. that where my political experience sions based on the total amount of coal KINZINGER of Illinois). Under the would fall short, my military training and oil used. And the media, like their Speaker’s announced policy of January would enable me to serve my constitu- lapdogs, faithfully reported that this 5, 2011, the gentleman from Florida ents well in the Halls of Congress, be- sounds like a calamity when you have (Mr. WEST) is recognized for 30 min- cause in the military we were taught a so much more CO coming in, even 2 utes. simple principle, Mr. Speaker, and I though they never measured any CO 2 Mr. WEST. Thank you, Mr. Speaker. think you know it well: We work until emissions. None of it was actually re- I think it’s very important that, as the mission is complete. And on elec- corded. we draw to the close of this first ses- tion night of 2010, I knew that I was The truth is CO2 is not a pollutant. sion of the 112th Congress, we come Anybody perpetuating that myth that embarking, along with my new col- back and we do what I believe is a leagues, on one of the most challenging CO2 is dangerous, a dangerous pollut- yearly review or an assessment. ant, is contributing to the health-de- missions that I would ever face. Mr. Speaker, today, the 8th of De- The leadership of the new majority in structive impact of real pollution by cember, was the target adjournment the House of Representatives created a diverting resources and attention away day that the leadership of the new ma- calendar for the first session of this from these very real challenges. We jority of the United States House of have wasted $25 billion or more on this Congress, and as a newly elected Mem- Representatives hoped would mark the foolishness. That is money that could ber of this body, I provided my assess- end of the first session of the 112th have been used to develop new energy ment, stating that I believed the sched- Congress. Yet today we are short of technologies, for example, that could ule did not provide the necessary days completing some of the most impor- have moved us off of our dependence on on Capitol Hill to address the pressing tant work that we must accomplish. foreign oil. issues our Nation faced. Now, 1 year Some examples of these technologies As we enter the final days of 2011 and later, unfortunately, it seems I was are the small modular nuclear reactors approach the end of this first session of correct. On the eve of the holiday sea- which could offer us safety and no pol- the 112th Congress, I must take the son, the United States Congress is deal- lution, no leftover waste, but we didn’t time to offer an apology to the citizens ing with some of its most important have the money for that. How about of the 22nd Congressional District of issues, all while pressed against the de- space-based solar power, which could Florida and to all my fellow citizens sire to be home and with our families collect solar energy from the sun out across this great Nation. It is not be- and loved ones. in outer space and transmit it to the cause we have not changed the con- Mr. Speaker, I, along with you, spent Earth? versation here in Washington, D.C., but many holidays away from my family Developing these new technologies because I would have hoped our exer- and friends while serving our country will take hundreds of millions of dol- tions would have been as a collective in the Armed Forces. Every time I was lars for these new reactors, billions of body a bit greater. Failure to pass a away from home during the holiday dollars for a space-based solar. Instead, balanced budget amendment was a season, as well as I’m sure you did, I we’ve squandered our billions of dollars great disappointment and an example proudly put on my uniform and did my and our limited science money and of a lack of exertion. duty on behalf of the American people. technology dollars on trying to prove When I was elected to the House of And while I may not wear the uniform that man-made global warming is Representatives in November 2010, I of the United States Army any longer, something that we have to worry about was one of over 80 new Members that I am proud to put on my new uniform and spread the fear. you, the American people, sent to the of a suit and tie and spend this holiday We have not pursued these or other House of Representatives, entrusting away from home, once again putting technologies which could have fun- each one of us to come to Capitol Hill our country first so that we may finish

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.052 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8315 the job our constituents entrusted us sidered priority bills and whether or We currently borrow 42 cents on to do. not certain appropriations bills should every dollar, a dollar which soon, Now, I don’t want people to think cover a 2-year period in order to pro- thanks to the insidious monetary poli- that I am not happy about certain vide more certainty in the market- cies emanating from the Federal Re- things, because I am truly pleased that place. serve, may not any longer be the de- the regular order has been established Mr. Speaker, in the military some- fault currency of the world. here and returned to the House floor. thing that continues to fail means that Yet with these abysmal statistics, all The American people are able to see vi- it is broken. And when something is we hear from the big megaphone of the brant debate on the pressing issues and broken, it must be fixed. Our fellow White House is that we need to tax peo- legislation is developed by Members citizens understand that the path we ple—particularly certain people—more. and cleared through committee. We are are on is broken and they also under- We hear about extending a payroll tax slowly seeing a move away from stand it is time to fix it. Therefore, we holiday, which is nothing but a Band- megabills. Yet these so-called omnibus must focus on structural reforms to Aid approach that only provides a very bills do a disservice to the American our legislative and appropriations proc- short-term impetus. What no one is people because, rather than allowing ess. telling the American people, especially elected representatives to vote ‘‘aye’’ Over the course of my first year in our seniors, is that the constant use of or ‘‘nay’’ on certain provisions, these office, I have been asked numerous payroll tax breaks continues to erode bills create a bill that includes hun- times why we refuse to compromise the funding of Social Security, which dreds of provisions for passage. and why can’t we just get something for the first time this year was running During the first session in the month done. Mr. Speaker, I find it very funny at a deficit. of April, I was able to bring to the that no one talked about compromise When combined with the unemploy- House floor H.R. 1246. This bill cut $35.7 in regard to a $2 trillion health care ment situation, we are speeding up the million of wasteful spending in the law or a $1 trillion stimulus package or demise of Social Security in America. form of printing and reproduction at cap-and-trade or Card Check. But my At some point, there must be struc- the Department of Defense. What was answer is simple: The House of Rep- tural tax and unemployment reform; so important about this legislation is resentatives has tried to work with the and we must incentivize our job cre- that the vote was 393–0, meaning that Senate and President Obama; yet they ators. we were able to get unanimous support refuse to listen to the will of the peo- America is suffering, Mr. Speaker, from both Republicans and Democrats. ple. Tabling the cut, cap, and balance from crony capitalism in which the The American people expect their piece of legislation during the debt de- government is picking the winners and elected to work together to deal with bate is a prime example. Instead, they the losers in the free market, using our the issues of our Nation. However, Mr. wish to remain on the same path that hard-earned taxpayer dollars. We have Speaker, we have witnessed over 900 has proved to be a failure year after an Obama administration which be- days without the United States Senate year. They refuse to believe that we lieves it is the preeminent venture cap- passing a budget. That’s 900 days. When need major structural reforms. They italist in our Nation. Episodes such as the House of Representatives did our did not heed the message of the Amer- Solyndra and MF Global should cause job and passed a budget on the 15th of ican people of November of 2010. us all grave concern. April 2011, Democrats continued to use You see, American exceptionalism is 1710 it as a political weapon since it finally b not constrained by class or caste. addresses the exorbitant mandatory And while Washington, D.C. has a There are income levels in our country; spending that is bankrupting our coun- budget deficit, the leadership deficit is but sound economic, tax, and regu- try and leaving critical programs like even more disconcerting. Mr. Speaker, latory policies enable our citizens to Social Security and Medicare on an leaders take responsibility; and rarely transit those levels because America is unsustainable path. do they take credit, a simple lesson about equal opportunity and not equal Americans continue to struggle with that was taught to me as a young cap- achievement, where liberal progres- 9 percent-plus unemployment for over tain in the United States Army. A sives believe that they are the arbiters a year. In south Florida, it is even strong American leader would not take of fairness. higher. But instead of debating the 20- the misfortunes facing the American There is no leadership emanating plus bills passed by the House, many people and leverage it for political from the White House. Instead, we have bipartisan, that address the anemic gain. And the facts speak for them- policy by election-cycle sound bites jobs situation in which we are stuck, selves. where the purpose is just to get re- these bills languish on Senate Majority Since January of 2009, more than 2 elected. Leader HARRY REID’s desk while Presi- million Americans are unemployed, Too many politicians are now focused dent Obama continues to try to con- close to 26 million are underemployed. on manipulative and deceitful rhetoric vince the American people that this is National unemployment has been at or and not developing visionary, pro- a ‘‘do-nothing’’ Congress. It is indeed a above 9 percent for 28 straight months, growth economic policies for America. ‘‘do-nothing’’ Senate. at or above 8 percent for 34 straight The obvious goal, it seems to me, Mr. One of the most important and con- months. And it is double that in the Speaker, is to create more victims in stitutionally mandated functions of black community. America, an America of dependency, the Congress is to fund the Federal Average gas prices have gone from not individual independence. Government each year before the be- $1.83 to over $3.45. The Federal debt has Therefore, our Nation is truly at a ginning of the fiscal year on October 1. gone from $10.6 trillion to over $15 tril- crossroads. There is an ever-widening This year, of the 12 funding bills, the lion, with 3 straight years of trillion- ideological chasm of what we are going House completed six of those bills and dollar-plus deficits. And the debt per to become as a Nation: Shall America the United States Senate only com- person, Mr. Speaker, has gone from continue as a constitutional Republic pleted one. Congress did not finish con- $34,000 to $48,000. led by men and women of courage, con- ferencing any appropriations bills to be Food stamp recipients are up by 41 viction, and character? Or shall Amer- signed by the President by the October percent. Americans in poverty up 16 ica become a bureaucratic nanny state, 1 deadline. This means that once again percent, with an increase of 6.4 million ruled by manipulative deceivers seek- we had to pass continuing resolutions Americans. The Misery Index is up 65 ing their own political gain? to prevent a shutdown of the Federal percent, and nearly 48.5 percent of Is America truly that shining city Government. Americans are on some form of govern- that sits upon a hill, Mr. Speaker, or I wrote the chairman of the House ment aid. will that light be forever extinguished? Committee on Appropriations sug- Home values are down 11 percent, and The choice lies before the American gesting that appropriations bills should health insurance premiums are up 23 people. I hope that they will choose be considered on a priority-based tiered percent, from $3,354 to over $4,000. wisely because our children and our system. I presented several questions, United States global competitiveness grandchildren are watching, as well as such as what he believed should be con- is down from first to fifth in the world. our enemies abroad.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.119 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8316 CONGRESSIONAL RECORD — HOUSE December 8, 2011 But, Mr. Speaker, for America I say 4208. A letter from the Director, Regu- land; Adoption of Control Techniques Guide- this: fear not, for the Guardians of latory Management Division, Environmental lines for Drum and Pail Coatings [EPA-R03- America’s Honor shall ensure that the Protection Agency, transmitting the Agen- OAR-2011-0610; FRL-9479-4] received October greatest days for this constitutional cy’s final rule — Abamectin (avermectin); 11, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Pesticide Tolerances [EPA-HQ-OPP-2010-0619; the Committee on Energy and Commerce. Republic lie ahead. FRL-8890-2] received November 4, 2011, pursu- 4218. A letter from the Director, Regu- Mr. Speaker, I yield back the balance ant to 5 U.S.C. 801(a)(1)(A); to the Committee latory Management Division, Environmental of my time. on Agriculture. Protection Agency, transmitting the Agen- f 4209. A letter from the Director, Regu- cy’s final rule — Approval and Promulgation latory Management Division, Environmental of Air Quality Implementation Plans; Mary- LEAVE OF ABSENCE Protection Agency, transmitting the Agen- land; Adoption of Control Techniques Guide- By unanimous consent, leave of ab- cy’s final rule — Amides, C5-C9, N-[3- lines for Plastic Parts and Business Ma- (dimethylamino)propyl] and amides, C6-C12, chines Coatings [EPA-R03-OAR-2011-0600; sence was granted to: N-[3-(dimethylamino)propyl]; Exemption FRL-9479-6] received October 11, 2011, pursu- Mr. DAVIS of Illinois (at the request from the Requirement of a Tolerance [EPA- ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Ms. PELOSI) for today. HQ-OPP-2011-0093; FRL-8890-8] received No- on Energy and Commerce. Mr. JACKSON of Illinois (at the re- vember 4, 2011, pursuant to 5 U.S.C. 4219. A letter from the Director, Regu- quest of Ms. PELOSI) for today on ac- 801(a)(1)(A); to the Committee on Agri- latory Management Division, Environmental count of district/constituent matters. culture. Protection Agency, transmitting the Agen- 4210. A letter from the Director, Regu- cy’s final rule — Transportation Conformity Mr. PASTOR of Arizona (at the re- latory Management Division, Environmental Rule: MOVES Regional Grace Period Exten- quest of Ms. PELOSI) for December 12 Protection Agency, transmitting the Agen- sion [EPA-HQ-OAR-2011-0393; FRL-9478-1] and until 4 p.m. December 13 on ac- cy’s final rule — Flutriafol; Pesticide Toler- (RIN: 2060-AR03) received October 11, 2011, count of official business in the dis- ances [EPA-HQ-OPP-2010-0876; FRL-9325-6] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- trict. received November 4, 2011, pursuant to 5 mittee on Energy and Commerce. f U.S.C. 801(a)(1)(A); to the Committee on Ag- 4220. A letter from the Director, Regu- riculture. latory Management Division, Environmental SENATE BILL REFERRED 4211. A letter from the Director, Regu- Protection Agency, transmitting the Agen- A bill of the Senate of the following latory Management Division, Environmental cy’s final rule — OMB Approvals Under the Protection Agency, transmitting the Agen- Paperwork Reduction Act; Technical Amend- title was taken from the Speaker’s cy’s final rule — Methacrylic acid-methy ment; Community Right-to-Know Toxic table and, under the rule, referred as methacrylate-polyethylene glycol mono- Chemical Release Reporting [FRL 94884] re- follows: methyl ether methacrylate graft copolymer; ceived November 4, 2011, pursuant to 5 U.S.C. S. 1958. An act to extend the National Tolerance Exemption [EPA-HQ-OPP-2011- 801(a)(1)(A); to the Committee on Energy and Flood Insurance Program until May 31, 2012; 0583; FRL-8891-4] received November 4, 2011, Commerce. to the Committee on Financial Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4221. A letter from the Director, Regu- mittee on Agriculture. latory Management Division, Environmental f 4212. A letter from the Director, Regu- Protection Agency, transmitting the Agen- SENATE ENROLLED BILLS SIGNED latory Management Division, Environmental cy’s final rule — Revisions to the California Protection Agency, transmitting the Agen- State Implementation Plan, San Joaquin The Speaker announced his signature cy’s final rule — Methacrylic Polymer; Tol- Valley Unified Air Pollution Control District to enrolled bills of the Senate of the erance Exemption [EPA-HQ-OPP-2011-0333; [EPA-R09-OAR-2011-0312; FRL-9485-4] re- following titles: FRL-8891-1] received November 4, 2011, pursu- ceived November 4, 2011, pursuant to 5 U.S.C. S. 535. An act to authorize the Secretary of ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Energy and the Interior to lease certain lands within on Agriculture. Commerce. Fort Pulaski National Monument, and for 4213. A letter from the Director, Regu- 4222. A letter from the Director, Office of other purposes. latory Management Division, Environmental Congressional Affairs, Nuclear Regulatory S. 683. An act to provide to the conveyance Protection Agency, transmitting the Agen- Commission, transmitting the Commission’s of certain parcels of land to the town of Man- cy’s final rule — Trifloxystrobin; Pesticide final rule — Regulatory Changes to Imple- tua, Utah. Tolerances [EPA-HQ-OPP-2011-0456; FRL- ment the United States/Australian Agree- 8890-1] received November 4, 2011, pursuant to ment for Peaceful Nuclear Cooperation f 5 U.S.C. 801(a)(1)(A); to the Committee on [NRC-2011-0072] (RIN: 3150-AI95) received No- ADJOURNMENT Agriculture. vember 15, 2011, pursuant to 5 U.S.C. 4214. A letter from the Deputy to the 801(a)(1)(A); to the Committee on Energy and Mr. WEST. Mr. Speaker, I move that Chairman for External Affairs, Federal De- Commerce. the House do now adjourn. posit Insurance Corporation, transmitting 4223. A letter from the Assistant Secretary The motion was agreed to; accord- the Corporation’s final rule — Transfer and for Export Administration, Department of ingly (at 5 o’clock and 15 minutes Redesignation of Certain Regulations Involv- Commerce, transmitting the Department’s p.m.), under its previous order, the ing State Savings Association Pursuant to final rule — Exports and Reexports to the House adjourned until tomorrow, Fri- the Dodd-Frank Wall Street Reform and Principality of Liechtenstein [Docket No.: Consumer Protection Act of 2010 (RIN: 3064- 110818514-1531-01] (RIN: 0694-AF33) received day, December 9, 2011, at 11 a.m. AD82) received November 15, 2011, pursuant November 15, 2011, pursuant to 5 U.S.C. f to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Foreign Af- Financial Services. fairs. EXECUTIVE COMMUNICATIONS, 4215. A letter from the Secretary, Securi- 4224. A letter from the Chief Acquisition ETC. ties and Exchange Commission, transmitting Officer, General Service Administration, Under clause 2 of rule XIV, executive the Commission’s final rule — Rescission of transmitting the Administration’s final rule communications were taken from the Outdated Rules and Forms, and Amendments — Federal Acquisition Regulation; Set- to Correct References [Release Nos.: 33-9273, Asides for Small Business [FAC 2005-54; FAR Speaker’s table and referred as follows: 39-65686, 34-2480, IA-3310 and IC-29855] received Case 2011-024; Item VI; Docket 2011-0024, Se- 4206. A letter from the Acting Adminis- November 15, 2011, pursuant to 5 U.S.C. quence 01] (RIN: 9000-AM12) received Novem- trator, Department of Agriculture, transmit- 801(a)(1)(A); to the Committee on Financial ber 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); ting the Department’s final rule — Walnuts Services. to the Committee on Oversight and Govern- Grown in California; Increased Assessment 4216. A letter from the Director, Regu- ment Reform. Rate [Doc. No.: AMS-FV-11-0062; FV11-984-1 latory Management Division, Environmental 4225. A letter from the Chief Acquisition FR] received November 17, 2011, pursuant to Protection Agency, transmitting the Agen- Officer, General Services Administration, 5 U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule — Approval and Promulgation transmitting the Administration’s final rule Agriculture. of Air Quality Implementation Plans; Indi- — Federal Acquisition Regulation; Sudan 4207. A letter from the Acting Adminis- ana; Miscellaneous Metal and Plastic Parts Waiver Process [FAC 2005-54; FAR Case 2009- trator, Department of Agriculture, transmit- Surface Coating Rules [EPA-R05-OAR-2010- 041; Item VII; Docket 2010-0105, Sequence 1] ting the Department’s final rule — Onions 1001; FRL-9478-4] received October 11, 2011, (RIN: 9000-AL65) received November 4, 2011, Grown in Certain Designated Counties in pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Idaho, and Malheur County, OR; Modifica- mittee on Energy and Commerce. mittee on Oversight and Government Re- tion of Handling Regulations [Doc. No.: 4217. A letter from the Director, Regu- form. AMS-FV-11-0025; FV11-958-1 FR] received No- latory Management Division, Environmental 4226. A letter from the Chief Acquisition vember 17, 2011, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- Officer, General Services Administration, 801(a)(1)(A); to the Committee on Agri- cy’s final rule — Approval and Promulgation transmitting the Administration’s final rule culture. of Air Quality Implementation Plans; Mary- — Federal Acquisition Regulation; Successor

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.121 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8317 Entities to the Netherlands Antilles [FAC 4235. A letter from the Chief, Publications titles were introduced and severally re- 2005-54; FAR Case 2011-014; Item VIII; Docket and Regulations, Internal Revenue Service, ferred, as follows: 2011-0014, Sequence 1] (RIN: 9000-AM11) re- transmitting the Service’s final rule — Gen- By Mr. SMITH of New Jersey (for him- ceived November 4, 2011, pursuant to 5 U.S.C. eration-Skipping Transfers (GST) Section self, Mr. WOLF, and Mr. MCCOTTER): 801(a)(1)(A); to the Committee on Oversight 6011 Regulations and Amendments to the H.R. 3605. A bill to prevent United States and Government Reform. Section 6112 Regulations [TD 9556] (RIN: 1545- businesses from cooperating with repressive 4227. A letter from the Chief Acquisition BG89) received November 17, 2011, pursuant governments in transforming the Internet Office, General Services Administration, to 5 U.S.C. 801(a)(1)(A); to the Committee on into a tool of censorship and surveillance, to transmitting the Administration’s final rule Ways and Means. — Federal Acquisition Regulation; Pre- fulfill the responsibility of the United States f venting Personal Conflicts of Interest for Government to promote freedom of expres- Contractor Employees Performing Acquisi- REPORTS OF COMMITTEES ON sion on the Internet, to restore public con- tion Functions [FAC 2005-54; FAR Case 2008- PUBLIC BILLS AND RESOLUTIONS fidence in the integrity of United States 025; Item II; Docket 2009-0039, Sequence 1] businesses, and for other purposes; to the (RIN: 9000-AL46) received November 4, 2011, Under clause 2 of rule XIII, reports Committee on Foreign Affairs, and in addi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on committees were delivered to the tion to the Committees on Ways and Means, mittee on Oversight and Government Re- Clerk for printing and reference to the and Financial Services, for a period to be form. proper calendar, as follows: subsequently determined by the Speaker, in 4228. A letter from the Chief Acquisition each case for consideration of such provi- Mr. HASTINGS of Washington: Committee sions as fall within the jurisdiction of the Officer, General Services Administration, on Natural Resources. H.R. 443. A bill to pro- transmitting the Administration’s final rule committee concerned. vide for the conveyance of certain property — Federal Acquisition Regulation; Certifi- By Mr. FINCHER (for himself, Mr. CAR- from the United States to the Maniilaq Asso- cation Requirement and Procurement Prohi- NEY, Mr. BACHUS, Mr. CROWLEY, Mr. ciation located in Kotzebue, Alaska; with an bition Relating to Iran Sanctions [FAC 2005- GARRETT, Mr. MCHENRY, Mr. amendment (Rept. 112–318, Pt. 1). Referred to 54; FAR Case 2010-012; Item IV; Docket 2010- SCHWEIKERT, Mr. WESTMORELAND, Mr. the Committee of the Whole House on the 0102, Sequence 1] (RIN: 9000-AL71) received GARAMENDI, Mr. RENACCI, Mr. state of the Union. November 4, 2011, pursuant to 5 U.S.C. HUIZENGA of Michigan, Mr. KIND, Mr. HASTINGS of Washington: Committee 801(a)(1)(A); to the Committee on Oversight Mrs. BLACKBURN, Mr. DESJARLAIS, on Natural Resources. H.R. 1466. A bill to re- and Government Reform. Mr. TIPTON, Mr. POLIS, Mr. solve the status of certain persons legally re- 4229. A letter from the Chief Acquisition CRAWFORD, Mr. GRIFFIN of Arkansas, siding in the Commonwealth of the Northern Officer, General Services Administration, Mr. AUSTIN SCOTT of Georgia, Mr. Mariana Islands under the immigration laws transmitting the Administration’s final rule PERLMUTTER, Mr. HIMES, Mrs. of the United States (Rept. 112–319, Pt. 1). — Federal Acquisition Regulation; Represen- MCCARTHY of New York, Mr. CON- Referred to the Committee of the Whole tation Regarding Export of Sensitive Tech- NOLLY of Virginia, Mr. PETERS, Mr. House on the state of the Union. nology to Iran [FAC 2005-54; FAR Case 2010- GRIMM, Mrs. CAPITO, Mr. HENSARLING, Mr. HASTINGS of Washington: Committee 018; Item V; Docket 2010-0018, Sequence 1] and Ms. ESHOO): (RIN: 9000-AL91) received November 4, 2011, on Natural Resources. H.R. 1740. A bill to H.R. 3606. A bill to increase American job pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- amend the Wild and Scenic Rivers Act to creation and economic growth by improving mittee on Oversight and Government Re- designate a segment of Illabot Creek in access to the public capital markets for form. Skagit County, Washington, as a component emerging growth companies; to the Com- 4230. A letter from the Chief Acquisition of the National Wild and Scenic Rivers Sys- mittee on Financial Services. Officer, General Services Administration, tem; with an amendment (Rept. 112–320). Re- By Mr. SMITH of Washington (for him- ferred to the Committee of the Whole House transmitting the Administration’s final rule self and Mr. DICKS): — Federal Acquisition Regulation; Federal on the state of the Union. H.R. 3607. A bill to establish a program to Acquisition Circular 2005-54; Small Entity Mr. HASTINGS of Washington: Committee improve freight mobility in the United Compliance Guide [Docket: FAR 2011-0077; on Natural Resources. H.R. 2719. A bill to en- States, to establish the National Freight Mo- Sequence 6] received November 4, 2011, pursu- sure public access to the summit of Rattle- bility Infrastructure Fund, and for other ant to 5 U.S.C. 801(a)(1)(A); to the Committee snake Mountain in the Hanford Reach Na- purposes; to the Committee on Transpor- on Oversight and Government Reform. tional Monument for educational, rec- tation and Infrastructure, and in addition to 4231. A letter from the Chief Acquisition reational, historical, scientific, cultural, and the Committee on Ways and Means, for a pe- Officer, General Services Administration, other purposes (Rept. 112–321). Referred to riod to be subsequently determined by the transmitting the Administration’s final rule the Committee of the Whole House on the Speaker, in each case for consideration of — Federal Acquisition Regulation; Technical state of the Union. such provisions as fall within the jurisdic- Amendments [FAC 2005-54; Item X; Docket Mr. HASTINGS of Washington: Committee tion of the committee concerned. 2011-0078; Sequence 3] received November 4, on Natural Resources. H.R. 3069. A bill to By Mrs. BLACKBURN (for herself, Mr. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the amend the Marine Mammal Protection Act FORBES, Mrs. LUMMIS, Mr. WALSH of Committee on Oversight and Government of 1972 to reduce predation on endangered Co- Illinois, Mr. FLEMING, Mr. POSEY, Mr. Reform. lumbia River salmon and other nonlisted FLORES, Mr. GARRETT, Mr. WEST- 4232. A letter from the Chief Acquisition species, and for other purposes (Rept. 112– MORELAND, Mr. MARCHANT, Mr. Officer, General Services Administration, 322). Referred to the Committee of the Whole GINGREY of Georgia, Mr. DUNCAN of transmitting the Administration’s final rule House on the state of the Union. Tennessee, Mr. POE of Texas, Mr. — Federal Acquisition Regulation; Labor Re- Ms. ROS-LEHTINEN: Committee on For- SAM JOHNSON of Texas, Mr. SENSEN- lations Costs [FAC 2005-54; FAR Case 2009- eign Affairs. H.R. 2829. A bill to promote BRENNER, Mr. SULLIVAN, Mr. MICA, 006; Item IX; Docket 2010-0084, Sequence 1] transparency, accountability, and reform Mr. KINGSTON, Mr. PENCE, Mr. (RIN: 9000-AL39) received November 4, 2011, within the United Nations system, and for REICHERT, Ms. HERRERA BEUTLER, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- other purposes; with an amendment (Rept. Mr. BISHOP of Utah, Mrs. ELLMERS, mittee on Oversight and Government Re- 112–323). Referred to the Committee of the Mr. GRIFFIN of Arkansas, Mr. BURTON form. Whole House on the state of the Union. 4233. A letter from the Office of Sustain- of Indiana, and Mr. KING of Iowa): able Fishies, NMFS, National Oceanic and DISCHARGE OF COMMITTEE H.R. 3608. A bill to direct the Assistant Atmospheric Administration, transmitting Pursuant to clause 2 of rule XIII the Secretary of Homeland Security (Transpor- the Administration’s final rule — Fisheries following actions were taken by the tation Security Administration) to prohibit of the Exclusive Economic Zone Off Alaska; Speaker: certain employees of the Transportation Se- curity Administration from using the title of Reallocation of Yellowfin Sole in the Bering The Committee on Energy and Commerce ‘‘officer’’ and from wearing uniforms and Sea and Aleutian Islands Management Area discharged from further consideration. H.R. carrying badges resembling those of law en- [Docket No.: 101126521-0640-02] (RIN: 0648- 443 referred to the Committee of the Whole forcement officers; to the Committee on XA757) received November 15, 2011, pursuant House on the state of the Union, and ordered Homeland Security. to 5 U.S.C. 801(a)(1)(A); to the Committee on to be printed. By Mr. LANKFORD (for himself, Mr. Natural Resources. The Committee on the Judiciary dis- 4234. A letter from the Deputy Assistant BOREN, Mr. GERLACH, and Mrs. charged from further consideration. H.R. 1466 General Counsel for the Office of Aviation BLACKBURN): referred to the Committee of the Whole Enforcement and Proceedings, Department H.R. 3609. A bill to provide taxpayers with House on the state of the Union, and ordered of Transportation, transmitting the Depart- an annual report disclosing the cost of, per- to be printed. ment’s final rule — Enhancing Airline formance by, and areas for improvements for Passanger Protections [Docket No.: DOT- f Government programs, and for other pur- OST-2010-0140] (RIN: 2105-AD92) received No- PUBLIC BILLS AND RESOLUTIONS poses; to the Committee on Oversight and vember 10, 2011, pursuant to 5 U.S.C. Government Reform. 801(a)(1)(A); to the Committee on Transpor- Under clause 2 of rule XII, public By Ms. FOXX (for herself, Mr. ROE of tation and Infrastructure. bills and resolutions of the following Tennessee, Mr. WILSON of South

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Carolina, Mr. ROKITA, Mr. GOWDY, of operating a water pump; to the Committee agreements with certain guaranty agencies Mrs. ROBY, Mr. HECK, and Mr. on Energy and Commerce. to provide delinquency prevention and de- KELLY): By Ms. CLARKE of New York: fault aversion services for borrowers and po- H.R. 3610. A bill to consolidate and stream- H.R. 3617. A bill to amend the Child Abuse tential borrowers of Federal Direct Loans line redundant and ineffective Federal work- Prevention and Treatment Act to require under the Higher Education Act of 1965, and force development programs to increase ac- States receiving funds under section 106 of for other purposes; to the Committee on countability, reduce administrative bureauc- such Act to have in effect a State law pro- Education and the Workforce. racies, and put Americans back to work; to viding for a criminal penalty on a person By Mr. PALLONE: the Committee on Education and the Work- who has knowledge of child abuse or neglect, H.R. 3625. A bill to amend title III of the force, and in addition to the Committees on but fails to report such abuse or neglect to a Public Health Service Act to authorize and Armed Services, Veterans’ Affairs, Agri- law enforcement official or child protective support the creation of cardiomyopathy edu- culture, Natural Resources, the Judiciary, services; to the Committee on Education and cation, awareness, and risk assessment ma- Energy and Commerce, and Transportation the Workforce. terials and resources by the Secretary of and Infrastructure, for a period to be subse- By Mr. CONYERS (for himself, Mr. Health and Human Services through the Cen- quently determined by the Speaker, in each ACKERMAN, Ms. BROWN of Florida, Mr. ters for Disease Control and Prevention and case for consideration of such provisions as COHEN, Mr. CUMMINGS, Mr. DAVIS of the dissemination of such materials and re- fall within the jurisdiction of the committee Illinois, Mr. DINGELL, Mr. ELLISON, sources by State educational agencies to concerned. Mr. FALEOMAVAEGA, Mr. FARR, Mr. identify more at-risk families; to the Com- By Mr. HECK (for himself, Ms. FOXX, FILNER, Mr. FRANK of Massachusetts, mittee on Energy and Commerce. Mr. ROE of Tennessee, Mr. HANNA, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. By Ms. PINGREE of Maine (for herself, Mr. GOWDY, and Mr. KELLY): HONDA, Mr. JACKSON of Illinois, Mr. Mr. MICHAUD, Mr. WELCH, Mr. LAN- H.R. 3611. A bill to amend the Workforce JOHNSON of Georgia, Mr. JOHNSON of GEVIN, Mr. CICILLINE, and Mr. MAR- Investment Act of 1998 to increase business Illinois, Ms. EDDIE BERNICE JOHNSON KEY): engagement and improve training opportuni- of Texas, Ms. JACKSON LEE of Texas, H.R. 3626. A bill to provide level funding ties for occupations that are in-demand in Ms. LEE of California, Mr. LEWIS of for the Low-Income Home Energy Assistance order to get Americans back to work; to the Georgia, Ms. ZOE LOFGREN of Cali- Program; to the Committee on Appropria- Committee on Education and the Workforce. fornia, Mrs. MCCARTHY of New York, tions, and in addition to the Committees on By Mr. GIBSON (for himself, Mr. DOG- Ms. MCCOLLUM, Mr. GEORGE MILLER Energy and Commerce, and Education and GETT, Mr. WALZ of Minnesota, and of California, Ms. NORTON, Mr. the Workforce, for a period to be subse- Mr. REHBERG): PAYNE, Mr. PRICE of North Carolina, quently determined by the Speaker, in each H.R. 3612. A bill to amend title 38, United Mr. RANGEL, Ms. RICHARDSON, Mr. case for consideration of such provisions as States Code, to clarify presumptions relating RICHMOND, Mr. ROTHMAN of New Jer- fall within the jurisdiction of the committee to the exposure of certain veterans who sey, Mr. RUSH, Mr. SCOTT of Virginia, concerned. served in the vicinity of the Republic of Mr. SERRANO, Mr. TOWNS, and Mr. By Mr. ROE of Tennessee (for himself Vietnam, and for other purposes; to the Com- WATT): and Mr. HOYER): mittee on Veterans’ Affairs. H.R. 3618. A bill to eliminate racial H.R. 3627. A bill to provide States with in- By Mr. JOHNSON of Georgia (for him- profiling by law enforcement, and for other centives to require elementary schools and purposes; to the Committee on the Judici- self, Mr. FARR, Mr. KISSELL, Ms. secondary schools to maintain, and permit ary. JACKSON LEE of Texas, Mr. CONYERS, school personnel to administer, epinephrine By Mr. ELLISON (for himself and Mr. Ms. LEE of California, Mr. HONDA, Mr. at schools; to the Committee on Energy and GRIJALVA, Mr. MICHAUD, Ms. RICH- STARK): H.R. 3619. A bill to permanently extend the Commerce. ARDSON, Ms. FUDGE, Mr. RYAN of By Mr. SCALISE (for himself, Mr. BOU- Ohio, Mrs. CHRISTENSEN, Mr. CARSON Protecting Tenants at Foreclosure Act of 2009 and establish a private right of action to STANY, Mr. LANDRY, Mr. PALAZZO, of Indiana, Mr. TOWNS, Mr. OLVER, and Mr. RICHMOND): Mr. FRANK of Massachusetts, Mr. enforce compliance with such Act; to the Committee on Financial Services. H.R. 3628. A bill to extend the National CLAY, Ms. ROYBAL-ALLARD, Mr. BOS- By Mr. ENGEL: Flood Insurance Program until May 31, 2012; WELL, Mr. FILNER, Ms. SLAUGHTER, H.R. 3620. A bill to amend title IX of the to the Committee on Financial Services. Ms. SCHAKOWSKY, Ms. NORTON, Mr. Social Security Act to improve the quality, By Mr. SERRANO: DEUTCH, Mr. HINCHEY, Ms. MOORE, health outcomes, and value of maternity H.R. 3629. A bill to require retail establish- Mr. JACKSON of Illinois, Ms. WOOL- care under the Medicaid and CHIP programs ments that use mobile device tracking tech- SEY, Mr. DAVIS of Illinois, Mr. ELLI- by developing a maternity care quality nology to display notices to that effect; to SON, Mr. LEWIS of Georgia, Mr. KIL- measurement program, evaluating mater- the Committee on Energy and Commerce. DEE, and Mr. JONES): nity care home models, and supporting ma- H.R. 3613. A bill to amend title XVIII of the f ternity care quality collaboratives; to the Social Security Act to allow for fair applica- Committee on Energy and Commerce. CONSTITUTIONAL AUTHORITY tion of the exceptions process for drugs in By Mr. ISRAEL: STATEMENT tiers in formularies in prescription drug H.R. 3621. A bill to suspend temporarily the Pursuant to clause 7 of rule XII of plans under Medicare part D; to the Com- duty on certain adjustable metal lighting mittee on Energy and Commerce, and in ad- fixtures; to the Committee on Ways and the Rules of the House of Representa- dition to the Committee on Ways and Means, Means. tives, the following statements are sub- for a period to be subsequently determined By Mr. ISRAEL (for himself, Mr. mitted regarding the specific powers by the Speaker, in each case for consider- TIBERI, Mr. GRIJALVA, Mr. HINCHEY, granted to Congress in the Constitu- ation of such provisions as fall within the ju- Mr. ELLISON, Mr. FRANK of Massachu- tion to enact the accompanying bill or risdiction of the committee concerned. setts, and Ms. NORTON): joint resolution. By Ms. ROYBAL-ALLARD (for herself, H.R. 3622. A bill to amend title XVIII of the Mr. HINOJOSA, and Mr. CARNAHAN): Social Security Act to provide comprehen- By Mr. SMITH of New Jersey: H.R. 3614. A bill to reauthorize the Enhanc- sive cancer patient treatment education H.R. 3605. ing Education Through Technology Act of under the Medicare program and to provide Congress has the power to enact this legis- 2001; to the Committee on Education and the for research to improve cancer symptom lation pursuant to the following: Workforce. management; to the Committee on Energy Article I, Section 8, Clause 3 By Mr. PEARCE: and Commerce, and in addition to the Com- To regulate Commerce with foreign Na- H.R. 3615. A bill to amend title III of the mittee on Ways and Means, for a period to be tions, and among the several States, and Social Security Act to require States to im- subsequently determined by the Speaker, in with the Indian Tribes. plement a drug testing program for appli- each case for consideration of such provi- By Mr. FINCHER: cants for and recipients of unemployment sions as fall within the jurisdiction of the H.R. 3606. compensation; to the Committee on Ways committee concerned. Congress has the power to enact this legis- and Means. By Mr. LATTA (for himself and Ms. lation pursuant to the following: By Mr. BERG: KAPTUR): Article I, Section 8. H.R. 3616. A bill to provide that the rules of H.R. 3623. A bill to authorize and request By Mr. SMITH of Washington: the Environmental Protection Agency enti- the President to award the congressional H.R. 3607. tled ‘‘National Emission Standards for Haz- Medal of Honor to Arthur Jibilian for ac- Congress has the power to enact this legis- ardous Air Pollutants for Reciprocating In- tions behind enemy lines during World War lation pursuant to the following: ternal Combustion Engines’’ have no force or II while a member of the United States Navy Article I Section 8 Clause 3—‘‘To regulate effect with respect to existing stationary and the Office of Strategic Services; to the Commerce with foreign Nations, and among compression and spark ignition recipro- Committee on Armed Services. the several States, and within the Indian cating internal combustion engines operated By Mr. MICHAUD: Tribes.’’ to generate electricity for emergency or de- H.R. 3624. A bill to authorize the Secretary By Mrs. BLACKBURN: mand response purposes, or for the purpose of Education to enter into voluntary, flexible H.R. 3608.

VerDate Mar 15 2010 03:32 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\L08DE7.100 H08DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 8, 2011 CONGRESSIONAL RECORD — HOUSE H8319 Congress has the power to enact this legis- Article I, Section 8 of the U.S. Constitu- the Constitution in the Government of the lation pursuant to the following: tion United States, or in any Department or Offi- Article I, Section 8, Clause 1 of the Con- By Mr. ENGEL: cer thereof. stitution of the United States and Article I, H.R. 3620. Section 8, Clause 18 of the Constitution of Congress has the power to enact this legis- f the United States. lation pursuant to the following: ADDITIONAL SPONSORS By Mr. LANKFORD: The bill is enacted pursuant to the power H.R. 3609. granted to Congress under the following pro- Under clause 7 of rule XII, sponsors Congress has the power to enact this legis- visions of the United States Constitution: were added to public bills and resolu- lation pursuant to the following: Article I, Section 1; tions as follows: Article 1, Section 9 Article I, Section 8, Clause 1; H.R. 23: Mr. BARROW and Mr. AL GREEN of No Money shall be drawn from the Treas- Article I, Section 8, Clause 3; and Texas. ury, but in Consequence of Appropriations Article I, Section 8, Clause 18. H.R. 50: Ms. NORTON. made by Law; and a regular Statement and By Mr. ISRAEL: H.R. 68: Mr. FRANKS of Arizona. Account of the Receipts and Expenditures of H.R. 3621. H.R. 104: Mr. KING of Iowa. all public Money shall be published from Congress has the power to enact this legis- H.R. 111: Mr. COOPER. time to time. lation pursuant to the following: H.R. 121: Mr. FRANKS of Arizona. By Ms. FOXX: Article 1, Section 8, Clause 1 of the Con- H.R. 139: Mr. MURPHY of Connecticut and H.R. 3610. stitution of the United States. Mr. MICHAUD. Congress has the power to enact this legis- By Mr. ISRAEL: H.R. 157: Mr. SHIMKUS and Mr. DUNCAN of lation pursuant to the following: H.R. 3622. South Carolina. Article I, section 8 of the Constitution of Congress has the power to enact this legis- H.R. 234: Ms. JENKINS. the United States lation pursuant to the following: By Mr. HECK: Article 1, Section 8, Clause 1 of the Con- H.R. 361: Mr. ROGERS of Alabama and Mr. H.R. 3611. stitution of the United States. Article 1, Sec- AMASH. Congress has the power to enact this legis- tion 8, Clause 18 of the Constitution of the H.R. 396: Mr. THORNBERRY. lation pursuant to the following: United States. H.R. 420: Mr. FITZPATRICK. Article I, section 8 of the Constitution of By Mr. LATTA: H.R. 468: Ms. HANABUSA. the United States H.R. 3623. H.R. 615: Mr. PEARCE. By Mr. GIBSON: Congress has the power to enact this legis- H.R. 809: Mr. WELCH. H.R. 3612. lation pursuant to the following: H.R. 812: Mr. MCGOVERN, Ms. PINGREE of Congress has the power to enact this legis- This bill is enacted pursuant to Article I, Maine, Mr. MICHAUD, and Mr. MCDERMOTT. lation pursuant to the following: Section 8, Clauses 13 and 14 of the United H.R. 814: Mr. ALTMIRE. Article I, Section 8, Clause 18 States Constitution. H.R. 933: Ms. CLARKE of New York, Ms. LEE The Congress shall have Power * * * To By Mr. MICHAUD: of California, Ms. CHU, Mrs. NAPOLITANO, Ms. make all Laws which shall be necessary and H.R. 3624. MOORE, Mr. SERRANO, and Mr. FARR. proper for carrying into Execution the fore- Congress has the power to enact this legis- H.R. 959: Mr. HEINRICH. going Powers, and all other Powers vested by lation pursuant to the following: H.R. 1041: Mr. BASS of New Hampshire. the Constitution in the Government of the Article I, Section 8 of the United States H.R. 1148: Mr. ENGEL, Ms. ZOE LOFGREN of United States, or in any Department or Offi- Constitution. California, Mr. SARBANES, Mr. SCOTT of cer thereof. By Mr. PALLONE: South Carolina, Mr. BOUSTANY, Mr. MEEHAN, By Mr. JOHNSON of Georgia: H.R. 3625. Mr. PAULSEN, Mr. CROWLEY, Mr. MCNERNEY, H.R. 3613. Congress has the power to enact this legis- Mr. BRADY of Pennsylvania, Mr. GARAMENDI, Congress has the power to enact this legislation pursuant to the following: Mr. PERLMUTTER, Mr. BUTTERFIELD, Mrs. lation pursuant to the following: Clause 18 of Section 8 of Article I of the SCHMIDT, Mr. FALEOMAVAEGA, Mr. ANDREWS, Clause 3 of section 8 of article I of the Con- United States Constitution. Mr. CARDOZA, Mr. GALLEGLY, Mr. BACA, and stitution, which sets forth the constitutional By Ms. PINGREE of Maine: Mr. DESJARLAIS. authority of Congress to regulate interstate H.R. 3626. H.R. 1159: Mr. BUCSHON. commerce. Congress has the power to enact this legis- H.R. 1172: Mr. RUSH. By Ms. ROYBAL-ALLARD: lation pursuant to the following: H.R. 1195: Mr. CASSIDY. H.R. 3614. Article I, Section 8, Clause 1—The Con- H.R. 1206: Ms. HERRERA BEUTLER. Congress has the power to enact this legis- gress shall have Power To lay and collect H.R. 1236: Mr. LATOURETTE, Mr. LOEBSACK, lation pursuant to the following: Taxes, Duties, Imposts and Excises, to pay Mr. MILLER of North Carolina, Mr. BURTON of Article I, Section 8, Clause 18 the Debts and provide for the common De- Indiana, and Mr. COBLE. By Mr. PEARCE: fense and general Welfare of the United H.R. 1259: Mr. BASS of New Hampshire. H.R. 3615. H.R. 1265: Mr. CROWLEY, Mr. BARLETTA, and Congress has the power to enact this legis- States; but all Duties, Imposts and Excises Ms. MOORE. lation pursuant to the following: shall be uniform throughout the United H.R. 1294: Ms. HIRONO and Ms. CASTOR of Article I, Section 8, Clause 1 of the United States. Florida. States Constitution By Mr. ROE of Tennessee: H.R. 1295: Mr. CARSON of Indiana. By Mr. BERG: H.R. 3627. H.R. 1348: Mr. PLATTS and Mr. FITZPATRICK. H.R. 3616. Congress has the power to enact this legis- H.R. 1370: Mr. MARINO and Mr. GRIFFITH of Congress has the power to enact this legislation pursuant to the following: Virginia. lation pursuant to the following: Article I, Section 8, Clause 1 Article I, Section 8, Clause 4. Article I, Section 8, Clause 18 H.R. 1418: Ms. WILSON of Florida. By Ms. CLARKE of New York: By Mr. SCALISE: H.R. 1443: Mr. BOUSTANY. H.R. 3617. H.R. 3628. H.R. 1463: Mr. SCHOCK and Mr. BERMAN. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1478: Mr. TIBERI. lation pursuant to the following: lation pursuant to the following: H.R. 1511: Mr. PASTOR of Arizona. This bill, the See Something, Say Some- Article I, section 8, clause 1 H.R. 1513: Mr. RUSH, Ms. ESHOO, and Ms. thing Act, is enacted pursuant to the power By Mr. SERRANO: CLARKE of New York. granted to Congress under Article I of the H.R. 3629. H.R. 1546: Mr. MCGOVERN. United States Constitution and its subse- Congress has the power to enact this legis- H.R. 1614: Mr. HARRIS. quent amendments, and further clarified and lation pursuant to the following: H.R. 1676: Mr. COOPER. interpreted by the Supreme Court of the Clause 3 of section 8 of article I of the Con- H.R. 1718: Mr. CONNOLLY of Virginia. United States. stitution. H.R. 1738: Mr. SHERMAN. By Mr. CONYERS: The Congress shall have Power * * * To H.R. 1744: Mr. MARINO. H.R. 3618. regulate Commerce with foreign Nations, H.R. 1895: Mr. DOYLE, Ms. NORTON, and Mrs. Congress has the power to enact this legis- and among the several States, and with the LOWEY. lation pursuant to the following: Indian Tribes. H.R. 1957: Mr. LEWIS of Georgia. Pursuant to Section 5 of the Fourteenth In addition, Congress has the power to H.R. 1964: Mr. PIERLUISI, Mr. GALLEGLY, Amendment to the United States Constitu- enact this legislation pursuant to the fol- Mr. ISSA, Mrs. ELLMERS, and Mr. MARCHANT. tion, Congress shall have the power to enact lowing: H.R. 1996: Mr. DUNCAN of South Carolina. appropriate laws protecting the civil rights Clause 18 of section 8 of article I of the H.R. 2001: Mr. FARENTHOLD. of all Americans. Constitution. H.R. 2033: Mr. COOPER. By Mr. ELLISON: The Congress shall have Power * * * To H.R. 2139: Mr. WALBERG, Mr. CANSECO, Mr. H.R. 3619. make all Laws which shall be necessary and CLAY, Ms. PINGREE of Maine, Mr. LATOU- Congress has the power to enact this legis- proper for carrying into Execution the fore- RETTE, Mr. GRIFFIN of Arkansas, and Mr. lation pursuant to the following: going Powers, and all other Powers vested by FLEISCHMANN.

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H.R. 2140: Ms. DEGETTE and Mr. TOWNS. H.R. 3269: Mr. LATTA, Mr. JONES, Ms. BALD- H.R. 3548: Mr. BROUN of Georgia, Mr. FLO- H.R. 2288: Mr. BARROW. WIN, Mrs. BIGGERT, Ms. CHU, Mrs. MCCARTHY RES, Mr. LAMBORN, and Mr. WALDEN. H.R. 2313: Mr. CASSIDY and Mr. WESTMORE- of New York, Mr. GARDNER, Mr. HIGGINS, Mr. H.R. 3572: Mr. POE of Texas. LAND. TERRY, Mr. KELLY, and Mr. PEARCE. H.R. 3578: Mr. MCCLINTOCK and Mr. GOH- H.R. 2359: Mr. TIERNEY. H.R. 3307: Mrs. CAPPS, Ms. BORDALLO, Ms. MERT. H.R. 2396: Mr. PRICE of North Carolina. BERKLEY, Mr. ROTHMAN of New Jersey, Mr. H.R. 3581: Mr. DUNCAN of South Carolina. H.R. 2412: Ms. EDWARDS. BERMAN, Mr. WAXMAN, Mr. MCGOVERN, Mr. H.R. 3583: Mr. DUNCAN of South Carolina H.R. 2432: Mr. LUETKEMEYER. MARKEY, Mr. GEORGE MILLER of California, and Mr. BOREN. H.R. 2466: Mr. OLSON. Mr. ISRAEL, and Mr. LEVIN. H.R. 3590: Mr. SABLAN. H.R. 2499: Mr. FARR. H.R. 3325: Mrs. LOWEY. H.R. 3594: Mr. COBLE and Mr. MARCHANT. H.R. 2500: Mr. COHEN. H.R. 3346: Mr. THOMPSON of California and H.J. Res. 88: Mr. WELCH. H.R. 2528: Mr. SHIMKUS. Mr. MICHAUD. H.J. Res. 90: Mr. ELLISON. H.R. 2530: Ms. CHU. H.R. 3365: Mr. REICHERT. H.R. 2536: Ms. HIRONO. H.R. 3366: Mr. SCHOCK. H.J. Res. 92: Ms. LEE of California. INGELL H.R. 2541: Mr. GRIFFITH of Virginia. H.R. 3378: Mr. D . H. Con. Res. 85: Mr. LANGEVIN, Mr. CARSON H.R. 3393: Mr. BILIRAKIS and Mr. YOUNG of H.R. 2543: Mr. COHEN. of Indiana, and Mr. QUIGLEY. Alaska. H.R. 2547: Mr. HINOJOSA and Mr. HASTINGS H. Con. Res. 87: Mr. BENISHEK and Mr. FIL- H.R. 3397: Mr. REHBERG. of Florida. NER. H.R. 3399: Ms. ROS-LEHTINEN. H. Con. Res. 89: Mr. GOHMERT, Mr. H.R. 2569: Mr. NUNES and Mr. CONNOLLY of H.R. 3400: Mr. CHABOT, Mr. FLAKE, Mr. MULVANEY, Mr. FLORES, Mr. GARRETT, Mr. Virginia. MANZULLO, Mr. WEST, and Mr. FLEISCHMANN. BROOKS, Mrs. SCHMIDT, Mrs. BLACKBURN, Mr. H.R. 2595: Mr. BLUMENAUER. H.R. 3421: Mr. BLUMENAUER, Mr. MURPHY of FORBES, Mrs. LUMMIS, Mrs. HARTZLER, Mr. H.R. 2617: Mr. SCOTT of Virginia. Connecticut, Mr. GRIJALVA, Mr. SARBANES, RIBBLE, Mr. WEST, Mr. STUTZMAN, Mr. H.R. 2655: Ms. MOORE and Mr. RICHMOND. Ms. WILSON of Florida, Mr. ISRAEL, Ms. ZOE MCCLINTOCK, Mr. PEARCE, Mr. YODER, Mr. H.R. 2697: Ms. BROWN of Florida. LOFGREN of California, Mr. RUPPERSBERGER, ROE of Tennessee, Mr. BURGESS, Mr. H.R. 2706: Mr. LANDRY. Mr. COOPER, and Mr. BISHOP of Georgia. H.R. 2755: Mr. GERLACH. H.R. 3425: Mr. SERRANO, Mr. LEVIN, and Mr. FLEISCHMANN, Mr. COLE, Mr. GOODLATTE, Mr. H.R. 2809: Ms. BERKLEY, Ms. LEE of Cali- BACA. WALSH of Illinois, Mr. HUELSKAMP, Mr. fornia, Mr. CLARKE of Michigan, Mr. THOMP- H.R. 3435: Mr. BERMAN, Mr. CLARKE of FLEMING, Mr. GINGREY of Georgia, Mr. CON- SON of Mississippi, and Mr. RUSH. Michigan, Mr. CARDOZA, Mr. BOSWELL, Mr. AWAY, Mr. POSEY, Mr. CHABOT, Mr. BARTON of H.R. 2810: Mr. MARCHANT. CROWLEY, and Mr. CONYERS. Texas, Mr. GRAVES of Georgia, Mr. CAMP- H.R. 2834: Mr. REHBERG. H.R. 3437: Mr. SERRANO. BELL, Mr. DUNCAN of South Carolina, Mr. H.R. 2900: Mr. POSEY. H.R. 3440: Mr. SCHWEIKERT, Mr. DUNCAN of ROKITA, Mr. CHAFFETZ, Mr. LANKFORD, Mr. H.R. 2962: Mr. DENT and Mr. POSEY. Tennessee, Mr. POSEY, and Mr. CALVERT. QUAYLE, Mr. LABRADOR, Mr. WILSON of South H.R. 2969: Mr. COOPER, Mr. PAYNE, Mr. H.R. 3441: Mrs. LUMMIS, Mr. DUNCAN of Ten- Carolina, Mr. HARRIS, Mr. FORTENBERRY, Mr. BENISHEK, and Mr. LUETKEMEYER. nessee, Mr. ROE of Tennessee, Mr. LAMBORN, MANZULLO, MR. HULTGREN, and Mr. HUIZENGA H.R. 3014: Ms. NORTON. Mr. TERRY, Mr. MICA, Mr. AMODEI, Mr. ROO- of Michigan. H.R. 3059: Mr. THOMPSON of Pennsylvania, NEY, Mr. HALL, and Mr. JORDAN. H. Res. 134: Mr. FALEOMAVAEGA, Mr. RI- Mr. WALDEN, Mrs. BONO MACK, and H.R. 3453: Mr. PETRI and Mr. CAMP. VERA, and Mr. DUNCAN of South Carolina. H.R. 3457: Mrs. LOWEY. FARENTHOLD. H. Res. 262: Mr. COHEN. H.R. 3462: Mrs. LOWEY. H.R. 3062: Mr. PEARCE. H.R. 3465: Mr. PALLONE. H.R. 3076: Ms. NORTON. H.R. 3474: Mr. GRIMM. f H.R. 3096: Mr. FLEISCHMANN. H.R. 3480: Mr. KELLY. H.R. 3138: Ms. CHU. H.R. 3483: Ms. BROWN of Florida. H.R. 3166: Mr. WOLF. H.R. 3503: Mr. FRANK of Massachusetts. DELETIONS OF SPONSORS FROM H.R. 3200: Mr. BUTTERFIELD. H.R. 3521: Mr. SHULER, Ms. CASTOR of Flor- PUBLIC BILLS AND RESOLUTIONS H.R. 3202: Mr. HIGGINS and Ms. PINGREE of ida, Mr. HENSARLING, and Mr. DUNCAN of Under clause 7 of rule XII, sponsors Maine. South Carolina. were deleted from public bills and reso- H.R. 3207: Mr. GUTHRIE and Mr. MCKINLEY. H.R. 3523: Mr. LATTA, Mr. QUAYLE, Mr. H.R. 3216: Mr. GIBBS and Mr. RUNYAN. MCHENRY, Mr. FRELINGHUYSEN, and Mr. lutions as follows: H.R. 3243: Mr. FRANKS of Arizona. YODER. H.R. 3538: Mr. COOPER.

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Vol. 157 WASHINGTON, THURSDAY, DECEMBER 8, 2011 No. 188 Senate The Senate met at 9:31 a.m. and was ator from the State of Montana, to perform up-or-down vote. In the Republicans’ called to order by the Honorable JON the duties of the Chair. effort to not allow this vote, they are DANIEL K. INOUYE, TESTER, a Senator from the State of stopping a vote on this very qualified President pro tempore. Montana. man. Mr. TESTER thereupon assumed the They are not blocking this nomina- PRAYER chair as Acting President pro tempore. tion because of any fault, real or per- The Chaplain, Dr. Barry C. Black, of- f ceived, in this candidate. He has bipartisan support and is eminently quali- fered the following prayer: RESERVATION OF LEADER TIME fied. He has a long history of pro- Let us pray. The ACTING PRESIDENT pro tem- tecting consumers against the unfair King and judge of the universe, You practice of financial predators. He cur- rule with righteousness and govern pore. Under the previous order, the leadership time is reserved. rently serves as chief of enforcement at with justice. You have been good to us, the Bureau. restoring our strength and directing f Before that, Mr. Cordray served as our footsteps. Ohio’s attorney general, a very impor- RECOGNITION OF THE MAJORITY Today guide our Senators in their la- tant job in a very heavily populated LEADER bors. In these difficult days empower State. While there, he recovered bil- them to produce dividends of character The ACTING PRESIDENT pro tem- lions of dollars from pension funds on and grace. We pray not for tasks fitted pore. The majority leader is recog- behalf of retirees, investors, and oth- to their strength but for strength nized. ers. He took action against fraudulent which fits them for their tasks. In the f foreclosures and predatory lending. He hard decisions of this day, guide them is qualified, and he is a man of dili- by Your word and spirit. SCHEDULE gence. We pray in Your loving Name. Amen. The Republicans are blocking his Mr. REID. Mr. President, following nomination and not allowing a vote be- f leader remarks, the Senate will be in cause they don’t like the Federal agen- executive session to consider the nomi- PLEDGE OF ALLEGIANCE cy he would lead, an agency established nation of Richard Cordray to be Direc- by law. This is the first time in the The Honorable JON TESTER, a Sen- tor of the Consumer Financial Protec- Senate’s history that a party has ator from the State of Montana, led tion Bureau. At 10:30 a.m., there will be blocked a qualified candidate solely be- the Pledge of Allegiance, as follows: a cloture vote on the Cordray nomina- cause they disagreed with the existence I pledge allegiance to the Flag of the tion. If cloture is not invoked, the Sen- of an agency that has been created by United States of America, and to the Repub- ate will resume consideration of the law. lic for which it stands, one nation under God, motion to proceed to S. 1944, the Mid- Republicans are doing this to under- indivisible, with liberty and justice for all. dle Class Tax Cut of 2011. As a reminder mine the system of law we have in our f to all Senators, cloture has been filed country. Democrats fought to pass on the motion to proceed to S. 1944. Wall Street reform last year to protect APPOINTMENT OF ACTING Unless an agreement is reached, that against the greed of big banks. Well, PRESIDENT PRO TEMPORE will be tomorrow morning. without a director, the Consumer Fi- The PRESIDING OFFICER. The f nancial Protection Bureau doesn’t have clerk will please read a communication the tools it needs to get the job done. to the Senate from the President pro CORDRAY NOMINATION It is shocking that despite the eco- tempore (Mr. INOUYE). Mr. REID. Mr. President, shortly the nomic crash in our rearview mirror—it The assistant legislative clerk read Senate will vote on the confirmation of is easy to look back and see what hap- the following letter: Richard Cordray to lead the Consumer pened because of Wall Street greed— U.S. SENATE, Financial Protection Bureau. Again, Republicans, in spite of that, would PRESIDENT PRO TEMPORE, the Consumer Financial Protection Bu- Washington, DC, December 8, 2011. leave consumers without a watchdog to To the Senate: reau. I stress ‘‘consumer.’’ By now we guard against the greed of Wall Street. Under the provisions of rule I, paragraph 3, all know my Republican colleagues That is unfortunate. of the Standing Rules of the Senate, I hereby will filibuster Mr. Cordray’s nomina- Would the Chair announce the busi- appoint the Honorable JON TESTER, a Sen- tion. They said they will. This is not an ness of the day.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S8421

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8422 CONGRESSIONAL RECORD — SENATE December 8, 2011 EXECUTIVE SESSION is that until this or any other Presi- ing President pro tempore knows, dent addresses these legitimate con- needs to be enhanced. The only real cerns, we cannot and will not support a point of contention is whether the new NOMINATION OF RICHARD nominee. Here is what we said in that Bureau of Consumer Financial Protec- CORDRAY TO BE DIRECTOR, BU- letter 7 months ago: First, replace the tion will be accountable to the Amer- REAU OF CONSUMER FINANCIAL single Director with a board of direc- ican people. PROTECTION tors who would oversee the Bureau. If we believe regulators never fail, The ACTING PRESIDENT pro tem- Second, subject the Bureau to the con- then the current structure of the Bu- pore. Under the previous order, the gressional appropriations process. reau is just fine. Yet we all know regu- Senate will proceed to executive ses- Third, allow other financial regulators lators do fail and their failures harm sion to consider the following nomina- to provide a check on CFPB rules so consumers. tion, which the clerk will report. they don’t imperil the health of finan- Members of the majority, I believe, The assistant legislative clerk read cial institutions and lead to unneces- have repeatedly made this point with the nomination of Richard Cordray, of sary bank failures. their criticism of the Fed’s failure to Ohio, to be Director, Bureau of Con- Look, everybody supports strong and regulate subprime mortgages and the sumer Financial Protection. effective oversight, but that has to in- OCC’s preemption of State consumer The ACTING PRESIDENT pro tem- clude the overseers as well. Unelected protection laws. pore. Under the previous order, the bureaucrats must be held accountable I strongly agree with the majority time until 10:30 a.m. will be equally di- to the American people, and that is ex- that our regulators failed to do their vided and controlled between the two actly what our proposal would do. So it jobs in the lead-up to the financial cri- leaders or their designees. is up to the President. Republicans sis. But the lesson we should learn Mr. REID. I ask that a quorum be have outlined our concerns and they from the financial crisis is not that we called and the time be equally divided are well known. We are not going to let need more unaccountable regulators. Instead, all of our financial regulators between the two sides. the President put another unelected need to be held more accountable. The ACTING PRESIDENT pro tem- czar in place, unaccountable to the pore. Without objection, it is so or- Just as banks should be held ac- American people. And, frankly, his re- countable for their failures, regulators dered. fusal to work with us only deepens our The clerk will call the roll. should also be held accountable for concerns. The CFPB requires reforms theirs. After all, if regulators know The assistant legislative clerk pro- before any nominee can be confirmed. ceeded to call the roll. Congress can hold them accountable, It is time the President takes these they will have a far stronger incentive Mr. MCCONNELL. Mr. President, I concerns seriously. ask that the order for the quorum call to do their jobs. That will be good, as I look forward to hearing from the we all know, for consumers. That is be rescinded. President on this issue so we can put in The ACTING PRESIDENT pro tem- why, if the Bureau is reformed, the big- place the kind of oversight and ac- gest winners will be the American con- pore. Without objection, it is so or- countability the American people ex- dered. sumers. pect in an agency of this size and this Today, however, the majority will RECOGNITION OF THE MINORITY LEADER scope. Until then, I will vote against show that they are now more con- The ACTING PRESIDENT pro tem- this nominee for the CFPB and any cerned with insulating bureaucrats pore. The Republican leader is recog- others that this or any other President from accountability and rewarding po- nized. sends until he works to fix the prob- litical allies than looking out for con- Mr. MCCONNELL. This morning the lems, until he brings transparency to sumers. The administration and the Senate will vote whether the new Con- this bureaucracy and accountability to majority will try to argue that the Bu- sumer Financial Protection Bureau the American people. reau already is accountable. Indeed, should be able to put a director in I yield the floor and suggest the ab- they will say it is more accountable place before concerns about its ac- sence of a quorum. than any other financial regulator. But countability to the American people The ACTING PRESIDENT pro tem- let’s look at the facts. The facts tell a are addressed. Let me stress that is all pore. The clerk will call the roll. different story. today’s vote is about. Today’s vote is The assistant legislative clerk pro- First, it is necessary to appreciate about accountability and transparency. ceeded to call the roll. the amount of power placed in the It is a debate about whether we think Mr. SHELBY. Mr. President, I ask hands of the Director of this Bureau. Americans need more oversight over unanimous consent that the order for No bureaucrat will have more power Washington or less. the quorum call be rescinded. over the daily economic lives of Ameri- Republicans made our position clear The ACTING PRESIDENT pro tem- cans than this Director. The Director, more than 7 months ago when 44 of us pore. Without objection, it is so or- in effect, will decide which Americans signed a letter saying we will not sup- dered. can access credit to buy homes, purport a nominee for this Bureau, no Mr. SHELBY. Mr. President, I rise chase cars, and pay for college. The Di- matter who the President is, until today in opposition to the motion to rector will regulate not only financial three commonsense conditions are met invoke cloture on the nomination of companies but also tens of thousands that would bring some transparency Richard Cordray to be the Director of of Main Street businesses. Also, the Di- and accountability to the CFPB. That the Bureau of Consumer Financial Pro- rector will unilaterally decide how the letter now has 45 signatories. tection. Bureau spends its up to $600 million The President knew about these con- Earlier this year, I and 44 of my col- budget. cerns months ago and he chose to dis- leagues sent a letter to the President Despite the vast power vested in the miss them. Now he is suddenly making expressing our concerns with the unac- hands of the Director, there are no ef- a push to confirm his nominee because countable structure of the Bureau. It is fective checks on the Director’s au- it fits into some picture he wants to now 7 months later and the President thority. To truly understand just how paint about who the good guys are and has yet to respond. unusual the structure of the Bureau is, who the bad guys are here in Wash- The majority has called for a vote one need only compare it to other inde- ington. So, once again, Democrats are they know will fail today. It is evident pendent agencies. using the Senate floor this week to the White House and the majority have Unlike the Chairman of the SEC, the stage a little political theater. They decided to place politics ahead of good CFTC, and the Federal Reserve, the Di- are setting up a vote they know will policy. They have chosen to fabricate a rector of the Bureau does not have to fail so they can act shocked about it political issue rather than do what is obtain the agreement of other board later. This is what passes for leadership in the best interests of consumers. members or other government officials at the White House right now. Nonetheless, they claim this debate is before acting. Unlike other consumer The President has made his choice about consumer protection. protection agencies, the Bureau is not about how to deal with this issue, and There is no disagreement, however, subject to the congressional appropria- we have made ours. What we have said that consumer protection, as the Act- tions process. Indeed, other consumer

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8423 protection agencies, such as the Fed- the Federal Reserve as an off-budget groups. This reveals why the adminis- eral Trade Commission and the Securi- mechanism for funding programs. It tration and the majority want so des- ties and Exchange Commission, are had not happened before. perately for the Bureau to be unac- both subject to appropriations and are In addition, funding the Bureau countable. They want the Bureau to be governed by five-member boards. through the Fed removes any check on a permanent funding machine for their To further ensure against one party runaway spending. I believe the fiscally political allies. domination, the FTC and the SEC can responsible way to fund the Bureau is Finally, we are going to hear that have no more than three members from through the congressional appropria- our methods to achieve reform are un- the same political party. Another im- tions process just as every other con- precedented in the history of the Sen- portant comparison is with the Con- sumer protection agency is funded. ate. It has been said: sumer Product Safety Commission. Our third reform proposal is to create Never before has the consideration of a This agency actually served as the an effective safety and soundness check nominee been conditioned on a change in the template for Professor Warren when for the prudential bank regulators. law. she first advocated for the creation of a Some have said the Bureau already This, of course, is ridiculous on its consumer protection agency in an arti- has a check under the so-called Finan- face. It is nonsense. Nominees are held cle several years ago. How is the Con- cial Stability Oversight Council veto. routinely in the Senate by both par- sumer Product Safety Commission But this veto was designed so it would ties, for any number of reasons, includ- structured? It is, first, funded through never actually constrain the Bureau. ing the desire to make changes in ex- appropriations, and there is a five- The council can only overturn a rule in isting law. The only thing different in member commission. an extremely rare case: The rule must this particular case is that it is com- Opponents of accountability have put at risk the safety and soundness of pletely transparent. No secret back- sought to justify the structure of this the entire U.S. banking system or the room deals. We are right here in the Bureau by pointing to the Office of the stability of the U.S. financial system. open. Comptroller of the Currency and the Under this construct, a rule could After all the harm caused to con- Federal Housing Finance Agency. Once cause the failure of multiple banks, but sumers by financial regulators, it is again, the facts refute their argument. the council still would not have stand- time the majority stops using con- First, the Comptroller can be re- ing to alter the rule. Additionally, the sumer protection as a political football moved at any time by the President for procedure is rigged to prevent the and starts taking actions that actually any reason. In contrast, the President council from acting. It takes an affirm- help consumers. We can take the first can remove the Director of the Bureau ative vote of at least two-thirds of the step by reforming the Bureau to make only for limited grounds of ‘‘ineffi- council’s members to set aside one of it accountable to the very consumers it ciency, neglect of duty or malfea- the Bureau’s rules, and the Bureau’s purports to protect. sance.’’ This means the Director of the Director is a voting member of the Until that time, however, we cannot, Bureau cannot be removed even if the council. we should not, and we will not move Director pursues policies that are In addition, only 3 of the council’s 10 forward on the nomination of the Di- harmful to the American people. How members are actually bank prudential rector to lead this massive and unac- is that good for consumers? regulators. This veto is not a check on countable bureaucracy. I urge my As for the Federal Housing Finance the powers of the Bureau. It is a sham Democratic colleagues to stop ob- Agency, its Director is far less power- that they have today. We need to structing reform and join with us to ful than the Director of the Bureau. change that. move forward on real consumer protec- The Director of the Federal Housing Recent history shows that taxpayers tion. Finance Agency oversees the regula- are ultimately on the hook for bank I yield the floor. tion of only 14 financial institutions. failures. For this reason, consumer pro- The PRESIDING OFFICER (Mr. He does not have sweeping powers over tection needs to be carefully coordi- UDALL of New Mexico). The Senator all consumers and tens of thousands of nated with bank regulation to prevent from Rhode Island. Main Street businesses like the Direc- against unnecessary bank failures. Mr. REED. Mr. President, I ask unan- tor of the Bureau would have. As presently structured, the Bureau imous consent to be recognized for 5 It should be common sense that the can ignore any advice offered by bank- minutes at the conclusion of Senator more power an agency has, the more ing regulators, even if it undermines JOHNSON’s remarks. accountable it needs to be. Moreover, the safety and soundness of banks. Un- The PRESIDING OFFICER. Is there rather than attempting to point to less this structural flaw is remedied, a objection? other regulators to justify the struc- real possibility exists that the con- Without objection, it is so ordered. ture of the Bureau, a more responsible sumer bureau will one day cause bank Mr. JOHNSON of South Dakota. Mr. approach would be to make all of our failures that end up harming con- President, 2 months ago the Senate financial regulators more accountable. sumers, taxpayers, and our economy. Banking Committee voted along party And we should begin right here with In light of the reasonableness of the lines to send to the full Senate the the Bureau. reform proposals we have requested, nomination of Richard Cordray to be To make the Bureau more account- the question remains: Why are the ad- the first Director of the Consumer Fi- able, we have proposed three common- ministration and the majority so in- nancial Protection Bureau. Due to an sense reforms. sistent that the Bureau be unaccount- unprecedented and irresponsible dis- First, the Bureau should be led by a able? play of political gamesmanship, Mr. board of directors, as I have said. This Clearly, they want to use the Bureau Cordray’s nomination and strong pro- is such a commonsense measure that as a political issue. A second reason is tections for American consumers are the President and the Democratic-con- that they believe nonbank financial in- being held hostage. trolled House originally called for the stitutions are not currently regulated. Before any candidate was put forth, consumer agency to be structured as a But this is false. The Federal Trade Senate Republicans pledged to block commission. Commission, the State attorneys gen- the nomination, and their objections Second, the Bureau’s funding should eral, and State financial regulators all have nothing to do with Mr. Cordray’s be subject to congressional appropria- have authority over nonbanks. A more qualifications, his politics, or his char- tions. likely reason for today’s vote is that acter. Republican Senators have actu- Currently, the Federal Reserve is re- the Bureau will provide funding to key ally admitted as much, with a public quired to transfer up to $600 million to liberal activists, such as ACORN. pledge to block any nominee for the the Bureau each year. These are funds Other agencies must return to the new consumer agency until a list of that could otherwise be remitted to the Treasury funds what they receive from legislative demands, which would Treasury and used for deficit reduction enforcement actions. This consumer greatly weaken the agency, are met. or other things. Diverting this money bureau, as now structured, is allowed That those demands were debated and to fund an unaccountable Federal agen- to dole out money it collects from fines rejected by a bipartisan Congress last cy sets a dangerous precedent of using and penalties to liberal consumer year is beside the point. The minority

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8424 CONGRESSIONAL RECORD — SENATE December 8, 2011 party is distorting the Senate con- tougher regulation. Congress created consumers, and the 1 percent are prob- firmation process, mandated by the the CFPB to protect consumers and ably those people who are running Constitution, to rewrite a law against clean up the marketplace, but it needs some of these financial institutions, the wishes of the American people. a director. Richard Cordray has proven some of them fairly and scrupulously, Why do Senate Republicans remain himself capable for the job, and there is but others who are not. opposed to consumer protection despite no legitimate reason to block his con- We want to protect consumers in this national surveys showing 3-in-4 bipar- firmation. country—all of us—certainly the 99 tisan voters support the new agency’s I urge my colleagues to reconsider percent, but because of Republican op- creation? Whatever the motivation, it their political game playing and do the position of this nominee, we are run- appears to outweigh any concerns right thing. ning into a real problem. If we do not about protecting families buying Stop blocking Richard Cordray’s have a head of this organization, then homes, students borrowing for college, nomination and allow him to have an it cannot effectively implement regula- and service members or older Ameri- up or down vote. tions and effectively enforce the laws cans falling prey to financial scams. I yield to my colleague from Rhode it has been given the task to oversee This vocal minority opposed to Island. and implement. strong consumer protection and helped The PRESIDING OFFICER. The Sen- We have to have rules that apply by special interests have drummed up ator from Rhode Island. across the country that get at the misleading claims to hide behind. They Mr. REED. Mr. President, I wish to shadow banking system, that provide claim the CFPB Director will put the thank the chairman for his leadership the kinds of protections consumers can economy at risk—ignoring the effects on this important issue and so many rely on, and that, in fact, improve the of the foreclosure crisis, which was others before the Banking Committee. operation of the marketplace. Again, I itself fueled by irresponsible and preda- Since September 2008, we have think some of the people who regret tory lending. They claim the agency learned many hard lessons about the what happened the most in the 2007, lacks accountability—ignoring the fact factors that contributed to the finan- 2008, 2009 time period are financial that it is bound by accountability cial crisis. To address systemic risks leaders looking around and saying: measures comparable to or exceeding and to fix the system, we passed the Why wasn’t anyone checking the be- that of other independent financial reg- Dodd-Frank Wall Street Reform and havior of some of the financial compa- ulators. And they claim restrictions on Consumer Protection Act. One of the nies out there that have ruined my abusive financial products will hurt most important reforms we made in marketplace and ruined my reputa- lenders—ignoring the damage those that legislation was the creation of the tion? Well, we have to do that. products inflicted on consumers Consumer Financial Protection Bu- The longer Richard Cordray is tricked into signing unfair contracts reau, or the CFPB. The CFPB is blocked, the longer such disreputable filled with hidden fees and penalties. charged with stopping abusive mort- practices in the financial marketplace In reality the CFPB was created as gage originators, stopping abusive can continue. And Richard Cordray is an accountable yet independent regu- credit card companies, and stopping entirely qualified: as former treasurer lator in bipartisan negotiations last abusive private student loan lenders. of the State of Ohio, he knows the fi- year. Its mission is to protect con- For years we have had organizations nancial business and worked closely sumers—by cracking down on preda- whose purpose was to protect the bank- with banks at the Treasury, as former tory lenders and streamlining disclo- ing system and, indirectly, consumers. attorney general of Ohio, he worked to sures so families can make better in- We need to provide a balance. Frankly, protect consumers, and as an indi- formed financial choices. But until it if we had this balance in place prior to vidual, he has the intellect and the has a confirmed director in place, the 2008, we might have avoided some of character to do an outstanding job. We CFPB’s authority over nonbank finan- the incredible costs we have seen not have to get him in place. Who suffers if we don’t do this? Well, cial institutions, like private student only to consumers but to the entire among those who are suffering are lenders and mortgage brokers, will be banking system as a result of preda- military personnel. I had the privilege tory behavior by many different finan- stifled. Every day Mr. Cordray’s con- of commanding a paratrooper company cial institutions. firmation is blocked, vital protections in the 82nd Airborne Division in the Unfortunately, many of my Repub- are delayed, millions of Americans—in- 1970s. I was an executive officer, and I lican colleagues are trying not to cor- cluding service members, veterans and handled all the complaints, all the dun- rect deficiencies in the Dodd-Frank act older Americans—are left vulnerable, ning, all the letters that were coming or improve it. They want to gut it. One and the Nation’s community banks and in from my soldiers. It has gotten of the things they want to take out is credit unions remain at a disadvantage worse. to their less-regulated competitors. consumer protection, and they want to Holly Petraeus, who is the head of The question we consider today do that by denying a nominee to head the Office of Servicemember Affairs at should not be whether the minority up this important agency. the CFPB, testified before the com- party can hijack this constitutional It certainly is a prerogative of my mittee. She talked about Internet lend- process and demand as ransom legisla- colleagues to work on improving any ers who target military personnel—vul- tive changes that would hamstring the piece of legislation, but effectively to nerable soldiers and their families— consumer agency. The question should say: We will not let legislation that has who are about to deploy or who just be whether Mr. Cordray is qualified for passed this body by 60 votes and that came back from Afghanistan. They will the job. And I believe that Mr. Cordray has ample precedent in the law to take give loans of up to 40 percent of a sol- is an outstanding candidate. For years effect because we won’t put a person in dier’s pay. Of course, the interest rate Richard Cordray has worked tirelessly charge is, I think, abusing the process. can be as high as 584 percent APR. We as a public servant. As Ohio’s Attorney We have worked on this issue, and we can’t stop that until we get somebody General he aggressively pursued finan- know consumers need these types of such as Richard Cordray in charge of cial crimes by banks and mortgage protections. We know that daily there this organization. firms, and won more than $2 billion in are scams targeting the elderly. There She also talked about the dunning settlements for the State. And as are unscrupulous mortgage lenders and calls, 20 times a day, threatening them: Ohio’s first solicitor, he argued cases abusive payday lenders. Most financial We will go to your commander. We will before the Supreme Court to protect firms are not like this—in fact, these have you court-martialed. We will take consumers and enhance the quality of individuals probably represent a very away your security clearance. We will our financial markets. small minority of the financial com- ruin your career. American families paid a steep price munity, but they are abusive preda- We have to stop that. This is about for the financial crisis, battered by lay- tors, particularly to the most vulner- real people, real consumers. We have to offs and foreclosures. Yet incredibly, able people in our society. confirm Richard Cordray. many of the bad actors that contrib- There has been a lot of discussion With that, I yield the floor. uted to the crisis remain poorly regu- about the 1 percent and the 99 percent. The PRESIDING OFFICER. The Sen- lated and continue to lobby against Well, guess what, the 99 percent are ator from New Jersey.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8425 Mr. MENENDEZ. Mr. President, I un- gage loan disclosure form so that con- said from the very beginning: We want derstand I have 5 minutes. sumers understand what kind of mort- these three important reforms. The PRESIDING OFFICER. There is gage they are getting into before they First of all, we think it is very im- no order. The Senator may use 5 min- take it. Had we had that type of lan- portant for the single Director, a new utes. guage early on, maybe we wouldn’t czar quite frankly, a credit czar, to be Mr. MENENDEZ. Thank you very have had part of the crisis in which replaced with a board to oversee this much. consumers were led to bad mortgage Bureau. That is how other comparable Let me first thank Chairman JOHN- products—products that ultimately agencies operate. The best example— SON for his leadership in this regard had skyrocketing interest rates—when the best comparison—is the SEC. I and in so many other major issues be- they qualified for a conventional mort- think that is a critical check on the fore the Banking Committee. He has gage. Maybe we wouldn’t be in the Bureau’s authority to have a board really exercised a lot of our oversight great predicament we have been in that can discuss and come up with a obligations in making sure we imple- since 2008. consensus, not a single agency. ment Wall Street reform in a way that Under Wall Street reform, Richard Secondly, related to that, there protects all of us as taxpayers in the Cordray will be there to prevent those should be safety and soundness checks country but creates a system that can families from being ripped off again. for the prudential financial regulators still let us economically flourish, and Fixing our broken system was not who oversee the safety and soundness this is one of those. easy, and it is still not over. We are of financial institutions. One of the For too long too many in Washington still fighting to keep the ground we core reasons we had the 2008 financial protected Wall Street from common- have gained against special interests. crisis is we had political agendas run sense regulations and let consumers The longer this nomination is de- amok with regard to financial institu- fend for themselves. For too long Re- layed, the more consumers will suffer. tions with no safety and soundness publican economic policy, when it Without a Director, the Consumer Fi- checks. should have protected the 99 percent of nancial Protection Bureau cannot We are putting that same problem on American consumers from the reckless carry out some of its most vital func- steroids in this new all-powerful bu- financial games that led us to the tions, including regulating payday reaucracy. Again, point No. 1, very spe- brink of economic disaster in 2008, pro- lenders, pawn shops, private student cific, very concrete, very commonsense reform that we have proposed from the tected the 1 percent on Wall Street in- loan companies, those that make un- beginning is a safety and soundness stead. scrupulous and predatory loans on our Banks played Russian roulette with check. military families—we heard Senator Third, and perhaps most important, the future and economic security of REED, who has great experience in this, middle-class families, and no one—no the Bureau should be subject to the talk about that—giving them an unfair congressional appropriations process so one—was watching. Backed up by too- advantage at the same time as they do big-to-fail government guarantees, there is some oversight and account- that over community banks and credit ability from the American people and they wreaked havoc on our economy unions that are regulated, that are their representatives. That is the and on the jobs and retirement savings good and that play by the rules. norm. That sort of check and balance, of families who played by the rules. Now is a time to work together to We have lived through the unfortu- that oversight and accountability, is make that happen. I ask that my col- absolutely the norm. It is way outside nate results of lax oversight, and now leagues stop playing games. Let us go the norm to have no oversight and ac- it is time to work together to correct to a final up-or-down vote on Mr. countability because, as it stands now, it. It is time to stop the political Cordray. this new superbureaucracy has an un- games and govern. It is time to act. It Republicans have continued to couple limited check that it gets from the is time to work together to make sure Mr. Cordray’s nomination to weak- Federal Reserve—never has to get an middle-class families get the protec- ening the Consumer Financial Protec- appropriation, never has to answer a tion they deserve and the watchdog tion Bureau, which is unprecedented. single question from the people or their they need. Never in Senate history has a nominee representatives. This is really about whose side a per- been opposed in the Senate because of Again, the CFPB, as it sounds now, son is on. Cordray and consumer pro- opposition to the whole agency for draws its budget directly from the rev- tection are being blocked simply be- which he or she has been nominated. enue of the Federal Reserve. By the cause Republicans want to protect Wall I say to my Republican colleagues, way, this revenue would otherwise be Street. Wall Street already has a le- let’s stop playing games with the pro- deposited into the Treasury paying gion of lobbyists protecting its inter- tections American consumers need. down the debt. The CFPB is not just ests. We need someone who can protect Work with us to do the job we were about mega institutions, mega banks— Main Street’s interests, and that is elected to do and confirm this nomi- more hyperbole that has been thrown what Richard Cordray would do as the nee. Work with us to protect con- on the floor—but anyone, any business, Director of the Consumer Financial sumers. for instance, that offers four or more Protection Bureau. We have come a long way toward a payment installments and an install- Richard Cordray is an unquestion- middle ground in creating this agency ment plan. ably well-qualified nominee, and no with checks and balances to begin Sure, that includes Citibank. It also one is disputing that fact—no one. I with. The time has come for Repub- includes your dentist, your vet, your have not heard anyone dispute his licans to join us in governing. local electronics store. CFPB right now qualifications for the job. We know the I yield the floor. is so unlimited in their authority that Consumer Financial Protection Bureau The PRESIDING OFFICER. The Sen- they are able to limit or prohibit the would be off to a good start with Rich- ator from Louisiana. terms of any such product or service, ard Cordray at the helm, despite efforts Mr. VITTER. Mr. President, there has power over marketing of any such by special interests to derail the proc- has been a lot of wild rhetoric, quite product or service in its jurisdiction ess. It will be a strong but fair agency frankly, hyperbole, exaggeration. I with, again, the Federal Reserve as its under Richard Cordray—to protect fi- wanted to try to bring this discussion basically unlimited piggy bank. nancial consumers who are tired of and this debate back to reality. To do I think these concerns we have are being tricked by the fine print, the that, I wanted to remind folks that pretty darn fundamental and have a lot ‘‘gotcha’’ paragraphs that no one but a conservatives objecting to this nomi- of common sense in them. Again, we bank lawyer would understand. nation have, from the very beginning, have three very specific, concrete re- Despite hysterical claims from Wall laid out three very narrow, specific, forms we want advanced. We are not Street, the Bureau actually won wide- concrete reforms we are seeking. So trying to gut the CFPB. Those reforms spread praise from both consumers and this notion that we are against con- would not gut it—not against con- the industry for its first major initia- sumer protection, we are trying to gut sumer protection. Those reforms would tive when it created a new and greatly CFPB, is silly. Let’s get back to re- still have a sound, strong consumer simplified Know Before You Owe mortality. Let’s get back to what we have protection agency in place.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8426 CONGRESSIONAL RECORD — SENATE December 8, 2011 I think the American people deserve firm any director for this rogue bu- We should have strengthened the link a more honest debate than, quite reaucracy until appropriate checks and and coordination between prudential frankly, they are getting in a lot of balances are put into place. President supervision and consumer protections this. This notion that if we are against Obama promised that ‘‘transparency rather than severing it. Instead Con- ObamaCare, we are against all im- and accountability will be a hallmark gress institutionalized this separation provement of the health care system is of my administration’’, making his re- by creating a Consumer Financial Pro- silly. I think Americans get that as fusal to make CFPB more transparent tection Bureau and blurred the role their health insurance premiums go up especially disappointing. and accountability of the prudential significantly now, by every accounting, Without reform, CFPB’s director regulators and the new Bureau. by every independent source, well be- would serve with unprecedented and Mortgage underwriting is a good ex- yond what they would have gone up unconstitutional amounts of power. ample of an issue that was found lack- otherwise. The director would have the power to ing before the financial crisis and has Being against that is not being decide what rules are issued in the the potential to be subject to an even against health care reform. We heard name of consumer protection, how more bureaucratic regulatory system even earlier, if we are against the stim- funds are spent, and how its enforce- going forward. I say potential because ulus plan, we are against economic re- ment authority will be used. In short, it is unclear to me where the authority covery. That is silly. I think Ameri- it empowers a single, unelected person of the Bureau stops and where the au- cans know that now that we are still with seemingly endless and unchecked thority of the prudential regulators stuck at very high unemployment. How authority. This bureaucracy holds the overlaps on several important issues is that recovery working out for every- sweeping ability to limit choices when that will likely cause confusion and po- one? it comes to commonly-used financial tentially inconsistent regulatory ap- I was against the stimulus because I products such as home equity loans, proaches. Already we are seeing con- was for economic recovery, and it is credit cards, and student loans. Simply flicts among regulators with different the same thing here. We need to ad- put, a designation from the CFPB di- regulators adopting different consumer vance the interests of the American rector saying these products are ‘‘abu- protection rules and duplication in ex- people, certainly including consumers. sive’’ could restrict the availability of aminations. But we do not need an all-powerful, credit to consumers and increase the From my perspective, the new Bu- new czar in Washington who can hurt cost of goods or services for all Ameri- reau is a massive, expensive govern- everyone, including consumers. cans. ment bureaucracy that is immunized So we continue to advance three very This year alone, over 70,000 pages of against meaningful oversight by either specific, concrete, commonsense renew regulations have been added to the Congress or the President, and dra- forms. That is all we want. That does books from agencies such as the Envi- matically extends the Federal Govern- not gut CFPB. That is not against con- ronmental Protection Agency and the ment’s control over the economy. sumer protection. It is against unbri- National Labor Relations Board, often- According to analysis from Andrew dled, unprecedented authority. The times without any compelling jus- Pincus, a partner in the law firm American people, agency after agency, tification for their existence. The last Mayer Brown LLP: issue after issue, have seen the effects thing job creators in America need is The Bureau’s structure has a number of of that sort of unbridled, virtually un- more uncertainty from a powerful gov- features that, when taken together, con- limited Federal Government authority ernment agency such as the CFPB that centrate an amount of unchecked authority in the last 2 years. They do not like it. will receive a blank check for a half in a single individual—the Director—that is Mr. RUBIO. Earlier this week in Kan- billion dollar budget with virtually no unprecedented for a federal agency that reg- ulates private entities and individuals: sas, President Obama tried to score po- input from Congress. First, the Bureau will be headed by a sin- litical points by chiding Senate Repub- President Obama has urged the gle Director with complete, unilateral au- licans for refusing to vote on the con- American people to ‘‘help hold [him] thority to make all regulatory and enforce- firmation of Richard Cordray to be Di- accountable’’. I stand with my Repub- ment decisions and to hire and fire all per- rector of the so-called Consumer Fi- lican colleagues in an effort to do just sonnel, including his or her own deputy. nancial Protection Bureau—CFPB— that. The truth is we need trans- Second, the Bureau’s Director does not saying we refuse to let him do his job. parency in government that provides serve at the pleasure of the President. Rath- And the President asked, Why? I am greater confidence that regulations are er, during his or her five-year term, the Di- rector may be removed only for inefficiency, happy to answer his question, again. designed to protect consumers from un- neglect of duty, or malfeasance in office. Earlier this year, I joined 44 other fair practices, without destroying jobs. That standard eliminates the President’s Senators in recommending to the Until basic transparency requests are power to remove the Director based on a pol- President three necessary reforms for made, I will not support allowing the icy disagreement: once nominated and con- the CFPB in order to improve account- CFPB to operate with unaccountable firmed, the Director cannot be overruled by ability in its operations. Specifically, leadership. the President. we asked that a board of directors be Mr. CRAPO. Mr. President, both Third, the Bureau is exempt from the con- established to oversee it, that the sides agree that everyone benefits from gressional appropriations process. It is funded instead by a transfer of money from the agency be subjected to the regular con- a marketplace free of fraud and other Federal Reserve in an amount determined gressional appropriations process, and deceptive and exploitative practices. solely by the Director, subject only to a cap for the establishment of a safety and The disagreement is over the best way that already exceeds $550 million, will in- soundness check for the prudential reg- to structure our Federal regulatory crease 10% for the next fiscal year, and is ulators. agencies to accomplish this goal and subject to automatic inflation adjustments We made clear to the President that provide accountability. thereafter. without these reforms we would not One of the lessons of the financial While I appreciate the willingness of vote to confirm any nominee to run the crisis is that we need a supervisory Richard Cordray to serve and answer CFPB, regardless of political affiliation program that looks and considers how questions, I can’t support the consider- or qualifications. The President chose safety and soundness and consumer ation of any nominee to be the Direc- to ignore our suggestions. Although protection work together and reinforce tor of the Bureau until the agency is the President frequently pays lip serv- better and safer services to banking reformed to make it more accountable ice to accountability in the regulatory customers. Far too often, supervision and transparent. process, when push came to shove, he either looked at consumer issues in iso- First, we would establish a board of made this serious issue just another lation—promoting access to credit and directors to oversee the Bureau. This talking point. home ownership—or it looked at safety would allow for the consideration of President Obama is now trying to and soundness in isolation, such as en- multiple viewpoints in decisionmaking pressure my colleagues to vote to con- suring that customer information was and would reduce the potential for the firm Mr. Cordray by traveling around legally accurate but not asking wheth- politicization of regulations. A board of the country giving speeches. I want to er it was understandable to bank cus- directors structure is consistent with reiterate that I will not vote to con- tomers. the organization of the Federal Reserve

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8427 Board, National Credit Union Adminis- Americans. The CFPB’s job is to help from the big banks and credit card tration, FDIC, SEC, CFTC, and Federal consumers understand the financial companies that had it all before. Trade Commission. products that are being marketed to So once again we have a simple Second, we would subject the Bureau them every day because we know the choice before us in the Senate: Do you to the congressional appropriations big banks win when the American peo- stand up for middle-class families who process to ensure that it doesn’t en- ple don’t understand the fine print. deserve to be protected from scams and gage in wasteful or unnecessary spend- And it is to make sure that the finan- financial gimmicks or do you stand up ing. This also gives Congress the abil- cial firms are playing by the rules and for the big banks and Wall Street firms ity to ensure that the Bureau is acting to stand up for the American people that are scared to death that a power- in accordance with our legislative in- and enforce those rules if consumers ful consumer advocate will cut into tent. The SEC, CFTC, and the Federal are being lied to, scammed, or cheated. their fat profits and big bonuses? I Trade Commission have long been sub- Over the last year the CFPB has been know where the American people ject to the appropriations process for staffing up and ramping up and has al- stand. I stand with them. And I truly the same reasons. ready started working to protect con- hope that Republicans have a change of Finally, we would establish a safety sumers. But without a confirmed Di- heart and stand with us to confirm this and soundness check. This would rector, they are simply unable to do ev- highly capable and effective nominee strengthen the link and coordination erything possible to stand up for mid- so the CFPB can do the job the Amer- between prudential supervision and dle-class families. Their hands are tied. ican people expect and deserve. consumer protections. Without a confirmed Director, the Mrs. BOXER. Mr. President, I wish to Given the enormous impact the Bu- CFPB doesn’t have the full authority express my strong support for the reau will have on the economy, it is to protect consumers who use non- President’s nomination of Richard important for Congress to revisit its bank financial institutions such as Cordray to be the first Director of the structure and authorities to make it payday lenders, credit-reporting agen- Consumer Financial Protection Bu- more accountable and transparent. cies, and debt collectors, which are reau, CFPB. Mr. Cordray is an excep- Mrs. MURRAY. Mr. President, I come services many working families depend tionally well-qualified nominee who de- to the floor to speak about the nomina- on, as well as so many of our Nation’s serves an up-or-down vote in the Sen- tion of Richard Cordray to lead the veterans and servicemembers. This ate. Consumer Financial Protection Bureau isn’t right. We created the CFPB to The opposition to this nomination and to urge my colleagues to join me in protect all families and consumers, and has nothing to do with Mr. Cordray’s voting in support of his confirmation. we need to confirm a Director to give credentials and is yet another attempt In July of last year, I was proud to them the tools they need to do that. by Republicans to undermine the CFPB join many of my colleagues in the Sen- I was proud to support President and stop it from cracking down on un- ate to pass comprehensive Wall Street Obama’s appointment of Elizabeth scrupulous and fraudulent practices by reform legislation that is already Warren to help set up the new Bureau. big banks, credit card companies, pay- working to protect middle-class fami- I think she did a fantastic job, and I day lenders, and other financial firms. lies, hold Wall Street accountable, and am deeply disappointed that Repub- The CFPB was established as part of put in place policies to make sure tax- licans were so opposed to her work the Dodd-Frank financial reform legis- payers will never again be left holding standing up for middle-class families lation that overhauled our banking the bag for the big banks’ mistakes. I against the big banks that they said system. Before the financial crisis, no supported this legislation because for they would block any attempt to name single agency coordinated Federal con- far too long the financial rules of the her as full-time Director. I thought the sumer protection. Banks and financial road had not favored the American peo- way Elizabeth Warren was treated by companies could choose their own reg- ple. They were tilted toward big banks, Senate Republicans was truly shame- ulator, which enabled them to avoid credit card companies, and Wall Street, ful. But she hasn’t given up, and she is regulations with real teeth. The failure and they were twisted and abused to still fighting for the middle-class fami- of Federal agencies to coordinate and make sure no matter what happened, lies and consumers she has always been the lack of any effective consumer the financial industry would come out such a passionate advocate for. watchdog agency allowed financial ahead. I am very glad that President Obama firms to pursue deceitful lending prac- When the economy was roaring, the nominated another strong advocate for tices that hurt American families and big banks made enormous sums of the middle-class to fill this role. Rich- caused the worst recession since the money and handed out huge bonuses to ard Cordray has been serving as the Great Depression. their employees. But when the prod- Chief of Enforcement at the CFPB, so The CFPB was created to solve this ucts they created brought down the he understands the mission and the problem and to make sure that finan- banks and pulled Main Street down need to fight for the rules that protect cial markets work for all Americans, with them, it was the taxpayers who consumers. He previously served as at- not just big business. The CFPB has al- had to foot the bill to prevent absolute torney general and State treasurer in ready begun reviewing many areas of calamity. Wall Street had a pretty Ohio, where he amassed a strong record consumer protection law, including good system going for a while: Heads of standing up for seniors, investors, mortgage disclosure forms. It will en- they won, tails the taxpayers lost. To business owners, and consumers. He force new rules for credit cards, require correct this, we fought to pass Wall has received support from Democrats mortgage servicers to better assist Street Reform last year over Repub- and Republicans, and he is the right homeowners in avoiding foreclosure, lican objections, and we took a huge man for the job. and enforce new rules on bank over- step in the right direction. We But the Republicans who have come draft fees. strengthened the rules. We increased out in opposition to this nomination President Obama appointed Elizabeth the oversight. And critically, we cre- don’t seem to be opposing Richard Warren, a respected law professor and ated the first-ever agency dedicated to Cordray. They seem to be opposed to dedicated consumer advocate, to set up protecting middle-class families, sen- the very idea that anyone should be in the CFPB. Elizabeth Warren was se- iors, and small business owners from a position to stand up for consumers lected for her long history of inde- the financial fraud and scams that and families in the financial products pendent, unflinching consumer advo- have devastated so many. market. They want to keep this posi- cacy, and under her leadership the The mission of this new Consumer tion open because they are worried CFPB had a running start. But Repub- Financial Protection Bureau is clear: that this agency is going to have too licans adamantly opposed her as CFPB to make sure that consumers come much power. director, before she had even been nom- first—that the financial industry can Well, the Consumer Financial Pro- inated. They knew she would crack no longer pull fast-ones on their cus- tection Bureau was designed to have down on abusive practices in the bank- tomers—and, fundamentally, that the power. It was created to put that power ing and credit card industries. And markets for consumer financial prod- in the hands of middle-class families they know that by law, the CFPB can- ucts and services actually work for all and consumers and to take some away not exercise its full authority without

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8428 CONGRESSIONAL RECORD — SENATE December 8, 2011 a confirmed Director. That is why 44 closures in places such as Cleveland Commerce, until we roll back child toy Republican Senators signed a letter and Dayton? Would we have had these safety laws? That makes no sense. promising to oppose any nominee, of fly-by-night mortgage brokers from This was voted with more than 60 any party, until their demands to cut Ameriquest and New Century and oth- votes—61 or 62, if I recall—a super- back the agency’s power and independ- ers moving in and taking advantage of majority in this Congress 2 years ago. ence are met. people? I am not sure we would have. We allowed all kinds of amendments. Mr. Cordray would be an outstanding But my Republican colleagues, my We accepted many changes that Repub- leader of the CFPB. He currently leads colleagues who always do the bidding— licans wanted. But in the end, it is a the CFPB’s Enforcement Division. He not all of them, but many of them al- choice: Are we for consumers or are we has built his career around protecting ways do the bidding of these special infor Wall Street? We know who it is. I the public interest, reflecting his com- terest groups that have inflicted far am not asking my colleagues to vote mitment to consumers and his dedica- too much damage on this economy—I for him. I am asking my colleagues to tion to fairness. After having been a hear all this, that if we would just let us have an up-or-down vote. Let us State Representative, Solicitor Gen- make some changes in the agency. I vote on it. Do not filibuster. Do not eral and Treasurer in the State of Ohio, talked to the Senate Historian because block the vote. Mr. Cordray was elected Attorney Gen- I have heard these arguments: If we Understand, this is a vote coming up eral of Ohio in 2008. In this role, he just change this agency, I would vote that is to break a filibuster, to break a prosecuted fraudulent foreclosures and for it. First of all, I talked to the Sen- Republican filibuster, where Repub- predatory lending, and recovered more ate Historian, who said: Never in the lican Senators almost always are than $2 billion for Ohio’s retirees, in- history of the Senate has one political flacking for Wall Street. They do that. vestors, and business owners. party tried to block the nomination of It never ceases to amaze me. Mr. Cordray’s nomination has broad, a Presidential appointee based on bipartisan support. Attorneys General wanting to change the agency. It is So all we ask is an up-or-down vote. from 37 States, representing both polit- nothing about the qualifications of Vote yes for cloture so we can have an ical parties, signed a letter in support Rich Cordray. I know Rich Cordray up-or-down vote for Attorney General of this nomination, calling him ‘‘both better than anybody in this institu- Cordray. brilliant and balanced,’’ with a ‘‘supe- tion. He is from my State. He was our I yield the floor and ask for a ‘‘yes’’ rior knowledge of the financial services attorney general. He was the State vote. marketplace.’’ Sixty-one mayors from treasurer. He was county treasurer. He The PRESIDING OFFICER. The Sen- around the country, led by Mayor was a State legislator. I have known ator’s time has expired. Villaraigosa of Los Angeles, also wrote Rich for over 20 years. I know he is Mr. SHELBY. I yield back my time. to support his confirmation. The Cali- qualified. Many of my colleagues on CLOTURE MOTION fornia Reinvestment Coalition, Center both sides say he is qualified. for Responsible Lending, Consumers But they say: We want to change the The PRESIDING OFFICER. The clo- Union, Main Street Alliance, NAACP, agency. We worked with Republicans ture motion having been presented National Association of Consumer Ad- to change this agency as it went under rule XXII, the Chair directs the vocates, AFL–CIO, AFCSME, Inter- through the process in Dodd-Frank. clerk to read the motion. national Brotherhood of Teamsters, They kept shifting the goalposts. In The legislative clerk read as follows. SEIU, UAW, and UFCW have all ex- order to accommodate Republican con- CLOTURE MOTION pressed support for Mr. Cordray, and cerns, we made the CFPB a bureau at the Federal Reserve. Many of us We, the undersigned Senators, in accord- for confirming a director so that the ance with the provisions of rule XXII of the CFPB can operate as intended. thought it should be totally inde- Standing Rules of the Senate, do hereby It is stunning that Republicans con- pendent. We were willing to make that move to bring to a close debate on the nomi- tinue to block any effort to rein in the concession in order to get Republican nation of Richard Cordray, of Ohio, to be Di- type of reckless and abusive behavior support. rector, Bureau of Consumer Financial Pro- that caused the worst economic crisis They then, after we did that, asked tection: since the Great Depression. for regular GAO audits of the books. Harry Reid, Joseph I. Lieberman, Jeff I yield the floor. They got them. The GAO said the Bingaman, Patty Murray, Patrick J. The PRESIDING OFFICER. The Sen- CFPB passed with flying colors. They Leahy, Kent Conrad, Sheldon White- ator from Ohio. said: We do not like Elizabeth Warren, house, Jack Reed, Benjamin L. Cardin, Barbara Boxer, Al Franken, Max Bau- Mr. BROWN of Ohio. Mr. President, give us someone else. Elizabeth Warren cus, Richard J. Durbin, Robert Menen- it never ceases to amaze me to hear my withdrew. She was a great consumer dez, Jon Tester, Sherrod Brown, Tom colleagues whose first loyalty is to activist, would have been very good at Harkin, Tim Johnson. Wall Street banks, who continue to this. We are replacing her—the Presi- The PRESIDING OFFICER. By unan- make excuses for being against putting dent is—with Richard Cordray from imous consent, the mandatory quorum a consumer cop on the beat. This is an Ohio. He will do this job well. call is waived. office that will be a few-hundred-mil- Then, after he is appointed, they lion-dollar office, this consumer pro- say—and Richard Cordray has support The question is, Is it the sense of the tection—this consumer cop on the from banks and credit unions and con- Senate that debate on the nomination beat. sumer groups. That is still not good of Richard Cordray, of Ohio, to be Di- But this consumer cop on the beat enough. They asked the President not rector, Bureau of Consumer Financial has to look at trillions of dollars in to recess appoint a Director. The Presi- Protection, for a term of 5 years, shall mortgages, has to protect consumers dent agreed to that. They are moving be brought to a close? when there are $30 billion in overdraft the goalposts. Now they are saying The yeas and nays are mandatory fees alone that banks are charging, they will not approve anyone to serve under the rule. when many times those overdraft fees as the Director of the consumer bureau The clerk will call the roll. are because consumers simply cannot unless we change the Bureau. The legislative clerk called the roll. In other words, to protect their Wall figure out the fine print and do not un- Ms. SNOWE (when her name was Street friends, they are saying: We are derstand the terms of the agreement. called). Present. In the end, again, people on this floor not going to allow a Director to be in and their special interest friends in the place unless we weaken this agency. As Mr. DURBIN. I announce that the Congress, the friends of the Wall Street Senator REED from Rhode Island said, Senator from Massachusetts (Mr. banks, the friends of these interest would we not appoint a Director of the KERRY) is necessarily absent. groups that continue to fleece the Food and Drug Administration in the The PRESIDING OFFICER. Are there American people—if we had had Rich future until we rolled back all food any other Senators in the Chamber de- Cordray or Elizabeth Warren, for that safety laws? Are we not going to pro- siring to vote? matter, the consumer cop on the beat, tect the Consumer Products Bureau in The yeas and nays resulted—yeas 53, would we have had those kinds of fore- the government, in the Department of nays 45, as follows:

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8429 [Rollcall Vote No. 223 Ex.] budget amendment, one that can be defense program or, on the other hand, YEAS—53 passed out of both Houses of Congress if you are most concerned about fund- Akaka Gillibrand Nelson (NE) and submitted to the States for ratifi- ing our entitlement programs, you Baucus Hagan Nelson (FL) cation. should want a balanced budget amend- Begich Harkin Pryor Article V of the Constitution gives us ment because this is what we need to Bennet Inouye Reed the power to change the Constitution do, this is what we have to do in order Bingaman Johnson (SD) Reid Blumenthal Klobuchar Rockefeller from time to time, to modify our laws, to protect our ability to fund both of Boxer Kohl Sanders that 224-year-old document that has those things and everything else we do, Brown (MA) Landrieu Schumer fostered the development of the great- you see, because by the end of this dec- Brown (OH) Lautenberg Shaheen Cantwell Leahy est civilization the world has ever ade, according to the White House’s Stabenow Cardin Levin known. own numbers, we will be paying close Tester Carper Lieberman Udall (CO) We have done this 27 times. We have to $1 trillion every year to pay the in- Casey Manchin done it at times in order to protect and Conrad McCaskill Udall (NM) terest on our national debt. Just the Coons Menendez Warner preserve the Nation our ancestors interest alone. We are currently spend- Durbin Merkley Webb fought so valiantly to create and later ing a little over $200 billion a year on Feinstein Mikulski Whitehouse again to defend. We have to modify our interest—still a lot of money but about Franken Murray Wyden government, the manner in which we $800 billion lower than what we are NAYS—45 do business, in order to preserve that likely to be spending by the end of this Alexander Enzi McCain system, in order to make it strong, in decade. Ayotte Graham McConnell order to ensure that it will continue to Where will that additional $800 bil- Barrasso Grassley Moran Blunt Hatch Murkowski be strong for future generations. lion every single year come from? This Boozman Heller Paul We made it stronger when, for exam- isn’t a discretionary sum. This is Burr Hoeven Portman ple, we added the Bill of Rights shortly money we have to pay. It is the first Chambliss Hutchison Risch after the ratification of the Constitu- thing we have to pay. Where will that Coats Inhofe Roberts Coburn Isakson Rubio tion. We made it stronger again when, $800 billion difference be made up? At Cochran Johanns Sessions for example, we added the so-called that point, we can’t expect simply to Collins Johnson (WI) Shelby Civil War amendments, amendments raise taxes to make up that difference. Corker Kirk Thune Cornyn Kyl Toomey XIII, XIV, and XV, ending slavery and I am not aware of any tax increase plan Crapo Lee Vitter the badges and incidents thereof. We that could bring in that much addi- DeMint Lugar Wicker made it stronger when we made clear tional revenue every year, without ANSWERED ‘‘PRESENT’’—1 that women must always be given the stagnating our economy to the point Snowe right to vote. We have made it stronger that we might, within 1 year or 2 years, a number of times. And the time to bring in less revenue rather than NOT VOTING—1 make it stronger has come yet again. more—certainly not $800 billion more. Kerry It is time to modify the Constitution Nor am I aware of any plan whereby we The PRESIDING OFFICER. On this to limit—to restrict—Congress’s cur- could simply borrow an additional $800 vote, the yeas are 53, the nays are 45, rent power granted by article I, section billion to pay that interest, because and one Senator responded ‘‘present.’’ 8, clause 2 of the Constitution to bor- doing so, of course, would cause our in- Three-fifths of the Senators duly cho- row money on credit of the United terest rates to skyrocket, grow out of sen and sworn not having voted in the States. The reason we need to do this is control, and our interest payments affirmative, the motion is rejected. because this power has been so severely would be even more significant at that VOTE EXPLANATION abused over such a prolonged period of point, thus further impairing our abil- Mr. KERRY. Mr. President, I was time that it is causing devastating con- ity to fund everything from defense to necessarily absent for the cloture vote sequences for our economy and for our entitlements. So at that point, the on the nomination of Mr. Richard ability to fund the operations of the only option on the table would be dra- Cordray to be Director of the Consumer government. matic, severe, abrupt, even Draconian Financial Protection Bureau. If I were We have now accumulated over $15 cuts to everything from defense to enable to attend today’s session, I would trillion in debt as a country. That titlements and everything in between. have supported cloture on this nomina- works out to about $50,000 for every We don’t want this. There is a better tion. man, woman, and child in America. It way. And the better way forward con- works out, arguably, to about $120,000 f sists of a severe permanent structural to $150,000 for every taxpayer in Amer- spending reform that can be achieved LEGISLATIVE SESSION ica. This is lot of money. It also rep- only through a balanced budget amend- resents between 90 and 100 percent of ment. our gross domestic product annually, Let me explain what I mean by that. MIDDLE CLASS TAX CUT ACT OF depending on whose statistics you fol- And, more importantly, let me explain 2011—MOTION TO PROCEED low. This is troubling, given that there what I don’t mean by that. The PRESIDING OFFICER (Mr. is an abundant amount of research in- We have to be aware of things that BINGAMAN). Under the previous order, dicating that once a country’s sov- masquerade as balanced budget amend- the Senate will resume legislative ses- ereign debt-to-GDP ratio crosses the ments, things that will actually do the sion and the motion to proceed to S. significant 90-percent threshold—which job instead of purporting to do the job, 1944, which the clerk will report. we have now done—economic growth distracting the public’s attention away The legislative clerk read as follows: tends to slow, tends to slow to a point from the need to do this while in effect Motion to proceed to the bill (S. 1944) to that an economy as large as ours can doing nothing. We need to be aware of create jobs by providing payroll tax relief for expect to lose as many as 1 million jobs what I sometimes call the Trojan horse middle-class families and businesses, and for a year. We can’t afford to lose jobs, es- balanced budget amendment proposal. other purposes. pecially when we know one of the There are a few hallmarks of what a The PRESIDING OFFICER. The Sen- major causes is our national debt. It is real, effective balanced budget amend- ator from Utah is recognized. time we change the way we do busi- ment would accomplish. First and fore- Mr. LEE. I ask unanimous consent to ness. It is time to change the manner most, it has to apply to all spending in enter into a colloquy with my Repub- in which Congress acquires new debt. requiring Congress to provide a super- lican colleagues for up to 30 minutes. This is no longer an issue that is ei- majority vote for any borrowing au- The PRESIDING OFFICER. Is there ther Republican or Democrat, that is thority. There are some who have sug- objection? either liberal or conservative. It is sim- gested we should have a balanced budg- Without objection, it is so ordered. ply American. I remind my colleagues, et amendment that exempts certain Mr. LEE. Mr. President, I stand whether you are concerned on the one categories of entitlement spending. today to urge my colleagues to support hand about preserving America’s lead- But, of course, as we all know, it is en- efforts to bring forward a balanced ing edge, its ability to fund its national titlement spending that continues to

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8430 CONGRESSIONAL RECORD — SENATE December 8, 2011 consume a larger and larger share of reach our natural mathematical bor- Mr. PAUL. The big driving force here our national budget each and every rowing limit—not our statutory debt is the entitlements. If we look at the year. It is entitlement spending that is limit, our natural mathematical bor- revenue coming into the government, anticipated to have shortfalls for sums rowing limit. It is at that point when it is all being spent on entitlements that will have to be expended for Amer- the most abrupt, the most painful, the and interest. Forty percent of every icans alive today. It could range any- most Draconian cuts will have to be dollar is borrowed, but that means we where from $50- to $60- to $110 trillion made. We can do this in a way that have to borrow all the money for na- in unfunded entitlement liabilities. So makes sense. We can do this in a way tional defense, for our roads, all the simply exempting entire categories of that is sensitive to the needs of the rest of government. Forty percent of entitlements is one of these hallmarks most vulnerable Americans, those who every dollar, $40,000 a second, is being of a Trojan horse balanced budget have become the most dependent upon borrowed. Why don’t we come to an amendment. We can’t do that. We need our entitlement State, most dependent agreement? it to apply to all Federal outlays, all for their day-to-day existence on these I have been asking many people on Federal spending. very programs. Those programs will the other side that, and they say we Second, an effective balanced budget have to be cut abruptly and in a most will not fix entitlements until we have amendment must cap spending at the painful manner unless we take the nec- a $1 trillion tax increase. If that is the average historic level of Federal rev- essary steps right now and start mov- starting point, we are never going to enue. Over the last 40 years, our aver- ing onto a smooth glidepath toward a fix entitlements because many of us age take, our average income as a per- balanced budget amendment. think raising taxes is a mistake, in the centage of GDP, has been about 18 to We may not be able to balance our middle of a recession, and we think 18.5 percent of our gross domestic prod- budget overnight, but we can do it over more money left in the private sector uct. We need to make sure we are not the course of a few years. That is ex- would be better spent for jobs. spending more than that; that Con- actly what this would allow us to do. We have the balanced budget debate gress can’t, without a supermajority I have worked closely with a number as part of this debate on how to reduce vote, spend more than 18 percent of of my Republican colleagues in sup- spending on the entitlement programs GDP in any given year. Otherwise, we porting S.J. Res. 10, a balanced budget because they consume 60 percent of the run the risk that Congress will find a amendment proposal that has the sup- budget. But there is this unwillingness way through tricky accounting port of all 47 Republicans. One of my up here. I think people would like us to schemes to circumvent the restrictions close allies in this endeavor has been find solutions. When I go home to my to make sure it is not spending more my friend and colleague, the junior State, it doesn’t matter whether they than it takes in. Senator from Kentucky. I would like to are a Republican or Democrat or Inde- Third, the supermajority require- ask him to share his perspective on pendent; they want us to fix the enti- ment must apply to the folks in both why this is necessary. tlement programs. They don’t want it Houses of Congress every time Con- So I ask Senator PAUL why does he to be dependent on increasing taxes on gress wants to spend more than it think this is so important for us to everyone also. takes in. Any balanced budget amend- have this amendment right now. Mr. LEE. What is my colleague’s ment proposal that allows for a simple Mr. PAUL. I think Congress has sense as to how the various State legis- majority to bring about an exception failed. We have not passed a budget in latures are likely to respond to a con- to these spending limitations is one 2 years, much less a balanced budget. stitutional amendment proposed by that Congress can and will use to cir- We cannot even pass a budget under both Houses of Congress? Does he think cumvent the amendment entirely. Let the normal procedures, and we are they would likely ratify such an me explain what I mean. showing no signs of being able to bal- amendment by the necessary three- We have had in the past certain stat- ance our own budget. fourths margin? utory legislative limitations on They say the American public, when Mr. PAUL. In the last year, I spoke Congress’s spending and borrowing we ask them are they for a balanced before my State legislature to a joint power. Some of these have been known budget, 70 to 75 percent of the people session of the House and Senate, and as the Graham-Rudman-Hollings legis- are for it—Republicans, Democrats, there was overwhelming support for a lation, and also the pay-go rules. But and Independents. Congress currently balanced budget amendment. I think because Congress makes those laws and has about a 10-percent approval rating. there is actually a movement out there because they haven’t been reduced to a My thought is maybe our approval rat- to do it if we do not do it. There is so constitutional amendment, just as ing is so low because we are not listen- much feeling among the public that Congress giveth, Congress taketh ing to what the people want. The peo- this enormous debt is hurting us. away, and Congress has seen fit to ex- ple want us to balance our budget. When I go home and talk to people, I empt itself of those rules. A balanced They want us to do the responsible say: Look, the people the debt hurts budget amendment, even while en- thing. But they also do not want to the worst are those on fixed incomes, shrined in our Constitution, becomes say: Oh, Social Security, we are going senior citizens, and those in the work- no more effective than those statutory to put that off to the side. They want ing class. Those are the people who are or internal rules unless every time the Social Security fund to be sound being hurt by this debt because it Congress wants to get around those too. causes rising prices. As we print the limitations Congress is required to cast What are we doing right now? We are new money, those people are hurt a supermajority vote to justify that ex- reducing the funding to Social Secu- every time they go buy gas at the cess. rity. We are doing exactly the things pump, every time they go to the gro- Finally, an effective balanced budget we should not be doing. So it is impor- cery store. The rising prices are hurt- amendment must require that Congress tant, as my colleague said, that the ing senior citizens and the working cast a supermajority vote anytime we balanced budget amendment include class. The only way we are going to fix raise the debt limit. This will give us all spending, and we need to balance it is to have rules that must be obeyed. an additional guarantee that tricky ac- our budget. Mr. LEE. So they are paying for counting mechanisms will not be used Mr. LEE. If the Congress is con- Washington’s fiscal irresponsibility in to circumvent some of these most im- sisting of a Senate and House, and the the form of job losses and in the form portant restrictions. Without these re- Members of the Senate and House are of increased prices for goods and serv- strictions, Congress will continue to elected representatives of the people ices and in the form of inflation. spend out of control, because Members who stand for reelection at regular in- It is likewise my experience with my of Congress tend to be rewarded when tervals, and if the American voting State legislature that they seem to be they spend and they tend to be criti- public overwhelmingly supports a bal- very supportive of it. In fact, I have a cized when they cut, and political pres- anced budget amendment, why haven’t document here signed by the legisla- sures are such that I fear this spending we then passed it and given the States tive leaders of my State: by Governor will continue out of control in per- an opportunity to ratify such an Gary Herbert, by Utah house of rep- petuity until that moment in which we amendment? resentatives speaker Rebecca

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8431 Lockhart, and by Utah State senate it was not necessary to balance the spending. One of Congress’s powers, as president Michael Waddoups. It con- budget. Members of Congress who read the Con- cludes essentially as follows: I have seen no willpower to attack stitution will point out, is to borrow We urge the United States Senate and entitlements. There are simple ways. money on the credit of the United House of Representatives to pass a balanced We could gradually raise the age of the States. So it is not enough to simply budget amendment and send it to the states entitlement eligibility and means test tell Congress to do its job because it for ratification. Additionally, we urge Con- the benefits. We could fix Social Secu- has regarded this kind of massive def- gress to make Utah’s current resolution part rity tomorrow. We could fix Medicare icit as consistent with that mandate, of the CONGRESSIONAL RECORD. tomorrow. But the other side is unwill- consistent with that injunction. They also proceed to explain why ing to talk about entitlement reform Meanwhile, Congress is continuing to they feel so strongly about this. They unless—they believe they are owed occupy a larger and larger share of the say: some obligation of raising taxes by $1 American economy. We have to re- Not only for our own sake, but for future trillion. That would be a disaster for member that for the first 150 years or generations as well, the states must now the economy, and it is beyond me why so of our Republic’s existence, we were combine in an unwavering resolve with con- the other side will not say let’s fix So- spending between 1 percent and 4 per- vincing action to put the nation’s financial house in order. Passage of your own state’s cial Security. cent of gross domestic product at the resolution urging the support for a balanced What would it take to fix Social Se- Federal national level, with only two budget amendment can help make this hap- curity? What would it take to fix Medi- brief exceptions—once during the Civil pen. Please join with Utah to call upon Con- care? I think we could fix all of these War and once during and then the im- gress to immediately pass a balanced budget problems, but I do not think the dialog mediate aftermath of World War I. But amendment. We respectfully encourage you is there. I have been trying to ask that all started to change in the 1930s to urge your congressional delegation to act questions to the other side for months when we broke into double digits for in your behalf. now, and we are not getting anywhere. the first time ever during peacetime. They are calling not only on Con- Mr. LEE. I think most Members of We have never really gone back. gress but also their fellow State legis- Congress would acknowledge that their Now the Federal Government is lators throughout the country to urge constituents want the Federal budget spending about 25 percent of GDP an- this same action from Congress. In the balanced. Why is it not enough for us nually. Roughly a quarter out of every same breath, they also adopt it, and just to tell Members of Congress: dollar that moves through the Amer- they supported wholeheartedly the spe- Please balance it. We don’t want to ican economy every year is taken out cific balanced budget amendment pro- have to restrict your authority. We of the real economy by Washington. It posal that is found in S.J. Res. 10. don’t want to have to take the keys is absorbed within the Federal morass I thank them for doing that. I think away from the irresponsible driver. We that is our government. That is a prob- they reflect the views of so many of just want you to be responsible. Why lem. That needs to change. our State legislatures which balance doesn’t that work? I fear, I suspect, I firmly believe that their budgets every single year. Most Mr. PAUL. I think because so much it will not change until we take this of them do. It is not news when they do of government spending is considered power away, until we at least impose it. It is not news because it is what is to be mandatory, so it just keeps en- severe restrictions on Congress’s bor- expected. It is expected because that is larging and expanding. Also, because rowing power because it has become what they do. people have great big hearts and they part of Congress’s nature to engage in I look forward to the day and age want to help everyone, but they do not this kind of out-of-control deficit when it is no longer news when Con- realize the ramifications of accumu- spending. gress balances its budget. lating such a massive debt. As we accu- I would like to ask Senator PAUL an- I would like to ask Senator PAUL an- mulate this debt there are ramifica- other question. How does he think it other question. Why is it that so many tions. There are higher prices and the would impact the lives of Americans, are fond of saying, as our President has threat of an economic collapse. of Kentuckians, on a day-to-day basis, recently said, ‘‘We don’t need a bal- Greece is going under. Italy is behind if we were to pass a amendment such as anced budget amendment; what we them. Portugal, Spain—they are strug- this and have it ratified by the States? need is for Congress to just do its job’’? gling under this burden of debt. They Mr. PAUL. People maintain that Why isn’t that enough to carry the say when a country’s debt equals its they are for jobs, for getting the econ- day? economy, when it is about 100 percent omy growing again. If we were to pass Mr. PAUL. The problem is, in the of its gross domestic product, it is los- a balanced budget amendment and send past we have had rules—as the Senator ing 1 million jobs a year. it to the States this year, it would cre- mentioned, Gramm-Rudman-Hollings, Our debt is stealing American jobs, it ate more jobs and create a better psy- pay as you go. I think pay as you go, is making us weaker as a country, chology than we have had in this coun- which was passed in the late 1990s, was making us vulnerable, making our na- try in decades. I think we would see a broken 700 times. There doesn’t seem tional security vulnerable. But we have rise in the stock market like we have to be the spine or will power here to to do something. There is no evidence never seen before if we said to Wall say no. Everybody wants something in this body we can even pass a budget, Street and said to investors worldwide: from government, but they do not real- much less a balanced budget. We are going to balance our budget; we ize that by getting things from govern- I think everything about this body are not going to spend more than we ment we do not pay for has ramifica- shows a failure to be fiscally respon- take in. tions. sible and we need stronger rules. I think we would see an economic re- Admiral Mullens said last year that Mr. LEE. Perhaps it is inherent in covery begin as we have never seen in the biggest threat to our national secu- the institution itself, in the forces at this country. I think we would see mil- rity right now is our debt. Erskine play, that have made Congress unique- lions of jobs created. That is why we Bowles, head of the Debt Commission, ly vulnerable to this kind of massive have to do this. That is what the Amer- said the most predictable crisis in our deficit spending. Whatever the reason, ican people want. history is going to be a debt crisis. we know Congress is not willing, is not What amazes me about this debate is For those on the other side who will able, or at least in recent years has not we are going to have this debate and oppose a balanced budget, they will been inclined except in rare, unusual have this vote and the vast majority of need to explain to the American people circumstances to balance its own budg- the other side said they will not vote when chaotic situations come and we et. for a balanced budget amendment. are having trouble paying for those That being the case, we cannot as- I say take that home. Tell your peo- things that come from government, sume that Congress will all of a sudden ple at home that you are opposed to when the value of the money is de- start doing its job, as those who have balancing the budget, and let’s run on stroyed and when prices are rising dra- used this argument have insisted. Part that. Let’s see who wins the elections matically, they will have to explain to of Congress’s job, as Congress has come in the future because our country’s fu- the American people why they thought to perceive it, is to engage in deficit ture depends on balancing our budget

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8432 CONGRESSIONAL RECORD — SENATE December 8, 2011 and controlling the debt. I hope we do much of the law must be struck down if ator BAUCUS, as we all know—correctly not wake up when it is too late. the Court finds the individual mandate stated: ‘‘The system won’t work if this Mr. LEE. I could not agree more with to be unconstitutional. This legal ques- amendment passes.’’ He further called that assessment. It is important for us tion is called severability. it ‘‘an amendment which guts and kills to remind our colleagues of that be- When a court rules a law is unconsti- health reform.’’ He commented that ‘‘if cause according to a recent CNN poll, tutional, it can strike down only those we are serious about making sure that the American people overwhelmingly parts it considers unconstitutional. It the Americans have health insurance, support this by a margin of about 75 can strike down the parts that are we all have to participate. . . .’’ So the percent. Those who oppose it, those intertwined with the unconstitutional bill’s sponsors knew the whole oper- who are Members of this body, those provision or it can strike down the ation of the law depended upon this who are Members of our sister body— whole law. Its action will depend upon very important provision that the the House of Representatives—who whether the remainder of the law can Court is now considering on the indi- choose not to support it, will cast their function as Congress intended when it vidual mandate and whether that issue ‘‘no’’ vote at their own political peril passed it. was constitutional. because the American people are stand- There are rules governing sever- Let me repeat that. The people pro- ing and they are demanding more. ability. Normally, when only parts of a moting this legislation that passed on They understand that, in the words of law are held to be unconstitutional, a partisan vote knew the whole oper- Benjamin Franklin: ‘‘He’ll cheat with- only those parts of the law are struck ation of the law depended upon the out scruple who can without fear.’’ down by the Court. But when a stat- compulsion of the individual mandate. When Congress is free to spend more ute’s unconstitutional provisions are The legislative bargain also showed than it takes in every single year with- severed, the whole law falls when Con- this law would not have passed if a sin- out political consequence, bad things gress would not have passed the con- gle comma had been changed. Congress happen. When Congress starts to ma- stitutional provisions without the un- could not have enacted any part of this nipulate more and more of the econ- constitutional ones being in it as well. law without the individual mandate or any other provision. That situation omy, that is something the American It is not enough that some of the re- comes about from the fact that the bill people understand is hurtful rather maining provisions are constitutional. passed the Senate by one vote and indi- than helpful to them, to the people on The Supreme Court has asked whether vidual Senators were able to extract the ground, to the person who is unem- the remaining provisions ‘‘would func- specific provisions that benefited their tion in a manner consistent with . . . ployed and looking for a job, to the State in return for agreeing to provide the original legislative bargain.’’ person who is underemployed or under- their deciding vote for the bill. I think The lower courts have reached four paid for the work he does, to the single we all know the outrage that came different conclusions concerning the mother who is just worried about tak- from the grassroots of America over health care reform law; first, that the ing care of her children, to the grand- some of those very special provisions. individual mandate can be severed parents who are worried about the fu- We also know the American people from the rest of the bill; second, that ture of their grandchildren, worried were disgusted by these deals. But the individual mandate can be severed about the fact that for the first time in without those arrangements and deals, American history, Americans fear their but only if the law’s related provisions none of the law would have passed. posterity will enjoy a lower standard of that require mandatory issue and com- Those deals were one of the reasons living than what they have enjoyed. munity ratings are also severed; third, why the Democrats lost their 60-vote All this is due to the fact that Con- the opposite position, that the man- majority in the last election. So when gress has no real boundaries to its au- date and the related provisions are not the other body could pass a bill only by thority and recognizes no real limits severable; and, finally, that the man- accepting the Senate bill, they blocked on its ability to spend our hard-earned date is not severable and that the any amendments that would have money. This has real consequences. We whole law must fall. changed so much as a comma. Had any- can forestall those negative con- One of my Judiciary Committee col- thing changed, the new 59-vote Senate sequences right now if we will act to leagues has stated, for the Democrats, majority would have prevented pas- restrict, on a permanent and structural ‘‘worst-case scenario, the mandate sage. The bill was offered on a take-it- basis, Congress’s ability to engage in falls.’’ But even the Obama administra- or-leave-it basis, all or nothing. If the deficit spending. tion does not take that view. The ad- individual mandate is struck down, Accept no imitations, beware of the ministration argues that if the man- then the whole law must fall. Although Trojan horse balanced budget amend- date falls, the guaranteed issue and it is not conclusive, it is certainly rel- ment, the one that can be cir- community rating provisions must also evant that the law does not contain a cumvented easily by a simple majority be struck down. The President’s admin- severability clause. This is one more vote. Beware of the balanced budget istration says health insurance mar- indication Congress thought the law amendment that limits, as a percent- kets will not function if all Americans was a unified whole. age of GDP, Congress’s ability to spend are not forced to buy health insurance It is simply not reasonable to argue money. Look out for these principles. and insurance companies must, none- that the law should survive without If we get this balanced budget amend- theless, insure everyone who seeks cov- the mandate. The most important po- ment passed, submit it to the States erage at prices that do not reflect their litical accomplishment of the law is for ratification. They will ratify it, and health risk. the additional coverage, not the lower we will find our best days, as Ameri- If the mandate falls, keeping any of costs we were promised. Without the cans, are yet ahead of us. this law would violate the original leg- mandate, coverage under the law evap- I urge my colleagues to cast a vote in islative bargain. I would like to remind orates. favor of S.J. Res. 10. my colleagues of that original legisla- Does anyone believe that without the I thank the Chair. tive bargain. The health care law coverage in the law, Congress could I yield the floor. passed because the majority party—in have passed the massive Medicaid ex- The PRESIDING OFFICER (Mr. its own partisan way—was going to pansion? Does anyone believe that BROWN of Ohio). The Senior Senator pass this bill by any means necessary. without the coverage in the law, Con- from Iowa. The individual mandate was very crit- gress could have passed the Draconian HEALTH CARE LITIGATION ical to the ability to pass this law and cuts in Medicare? Does anyone believe Mr. GRASSLEY. Mr. President, in a to particularly pass it only by partisan that without the coverage in the law, few minutes, the Supreme Court will be considerations. Congress could have passed hundreds of addressing four issues in connection We considered an amendment in the billions of dollars in new taxes? Of with the constitutionality of the Finance Committee that would have course not. It is simply not a legiti- Obama health care law. Previously, I granted exemptions from the indi- mate argument that the rest of the bill spoke about the unconstitutionality of vidual mandate to everybody who could have ever stood on its own with- the individual mandate. Today, I wish asked for that exemption. My good out the individual mandate enabling to discuss the second issue of four: how friend, the chairman—and that is Sen- additional coverage.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8433 I am pleased the Supreme Court has ing over the Grand Canyon or walking because they do not want to surrender granted oral arguments devoted to the down the Las Vegas strip. I hope the control of the money to a centralized severability question all by itself. In inquiry into the cause of this crash will financial authority? the past, the Supreme Court has issued help us better protect helicopter pilots This is a festering problem Secretary very activist severability rulings in and passengers in the future. Panetta has tackled. As a former chair- which it rewrote a statute in a way Again, my heart goes out to the fam- man of the House Budget Committee Congress never would have passed it. ilies as they mourn this awful tragedy. and Director of the Office of Manage- For instance, it completely rewrote I note the absence of a quorum. ment and Budget, he has the necessary the campaign finance laws in the 1976 The PRESIDING OFFICER. The knowledge and the necessary experi- Buckley v. Valeo decision in a way clerk will call the roll. ence to get this job done. that produced an unworkable system The assistant legislative clerk pro- The magic date for achieving full that no Member of Congress would ceeded to call the roll. audit readiness at Defense was set in have ever voted for. In the Booker case, The PRESIDING OFFICER. The Sen- concrete 2 years ago. Unfortunately, the Supreme Court rewrote the senator from Iowa. this goal has a long and elusive his- tencing laws in a way that produced a Mr. GRASSLEY. Mr. President, I ask tory, and that long and elusive history very unworkable system that no Mem- unanimous consent that the order for is best characterized by relentless slip- ber of Congress would have voted for. the quorum call be rescinded. page. It is a rolling target date, and This time, the Supreme Court should The PRESIDING OFFICER. Without most experts believe the 2017 deadline not use the severability doctrine to re- objection, it is so ordered. is unattainable. write the health care law into some- Mr. GRASSLEY. If the Democrats I am sure our tax-paying public thing Congress never would have aren’t going to take their time, I would doesn’t understand why the Federal passed in the first place. It should like to take 5 or 6 minutes on another Government wouldn’t have the best ac- strike down the entirety of the law in subject, and I ask unanimous consent counting system in the world, but they keeping with the law on this subject. to do so. don’t, particularly in the Defense De- Such a ruling would give us the chance The PRESIDING OFFICER. Without partment. to do what we did not do before: work objection, it is so ordered. Under Secretary Panetta’s leader- in a truly bipartisan way to address BROKEN ACCOUNTING SYSTEM ship, I hope all the slippage comes to a these issues. Mr. GRASSLEY. Mr. President, I screeching halt and all the bureau- I yield the floor. come to the floor today to commend cratic roadblocks are torn down. He The PRESIDING OFFICER. The ma- Secretary of Defense Leon Panetta for has definitely turned up the heat and jority leader is recognized. personally focusing top-level attention turned up the pressure. He has drawn a LAS VEGAS HELICOPTER CRASH to what has been a festering problem, line in the sand. He wants to see re- Mr. REID. Mr. President, I am sad- and I think it is fair for me to say a sults and see results now. He is calling dened to have learned this morning festering problem for decades. I am for a revised plan for achieving audit that five people were killed late yester- talking about the Defense Depart- readiness. It is due on his desk Decem- day in the terrible helicopter crash just ment’s broken accounting system and ber 13. So Army, Navy, Air Force, Ma- a few miles outside Las Vegas. My lack of financial accountability. rines, Coast Guard, and everybody sympathy is with the families of those Secretary Panetta has grabbed the else—well, the Coast Guard is not in- who died, including pilot Landon Nield bull by the horns and told the military volved but everybody else—get on the and four passengers. My thoughts are services to get on the stick and move stick because that is next week. He has with them as the recovery efforts con- out smartly. He wants them to fix the set a near-term goal. He wants the De- tinue this morning and as they lay problem now, not later. Secretary Pa- partment to produce partial financial their lost loved ones to rest. netta’s bold initiative is laid out in a statements by 2014. Reports indicate the aircraft was on Department-wide memorandum dated As a first step, Secretary Panetta has a tour of Hoover Dam. It crashed into October 11 this year. In this document, called for the production of statements a remote and rocky terrain in the he calls for an all-hands-on-deck pri- of budgetary resources by 2014. A state- River Mountains between Lake Mead ority effort to accelerate plans to cre- ment of budgetary resources is just one and Henderson, NV, a few miles from ate a modern, fully integrated finance component of a financial statement, Las Vegas. and accounting system. Such a system, but it represents a big important I have taken those helicopter tours. if it ever comes to be, would be de- chunk of the whole. If credible state- It is an exciting trip. People don’t real- signed to generate reliable, accurate, ments of budgetary resources can be ize this, but we are just a few miles and complete financial information. produced 3 years ahead of schedule, from the Grand Canyon there in Las Such a system should be capable of then maybe the full audit readiness by Vegas. It takes just a short time to producing credible financial state- 2017 is, indeed, possible. travel to that beautiful canyon to see ments that can earn clean opinions I also understand that Secretary Pa- where millions of people go every year from independent auditors. If that hap- netta’s near-term goal is being incor- to see the Grand Canyon. Hundreds of pens, the Department will achieve porated in legislation working its way thousands of tourists come from Las what is called full audit readiness. But through Congress right now. That Vegas to see it. now I want to warn Secretary Panetta should help to move the ball further I am truly grateful for the efforts of about what has happened to so many down the field. the National Park Service rangers, the well-intentioned Secretaries of De- Secretary Panetta’s decision to set a metropolitan police department, the fense. That could be a big ‘‘if.’’ preliminary goal of 2014 will be a good search-and-rescue team, and the Hen- Under the Chief Financial Officers gauge—a good test—of what is and is derson fire departments that responded Act of 1990, all government agencies not possible. Can the Defense Depart- rapidly to the scene of the accident. were supposed to reach full audit readi- ment achieve full audit readiness by The Federal Aviation Administration ness 15 years ago. As I understand it, 2017? We won’t have to wait 6 years to and the National Transportation Safe- the Defense Department is now the find that out under the process Sec- ty Board are investigating this acci- only delinquent agency. After the pas- retary Panetta is instituting. If prob- dent as we speak. I will continue to sage of so much time, how is it, then, lems surface early on, we in Congress monitor the investigation as well as that the Pentagon cannot provide an can help the Department take correc- the recovery efforts that are in accurate accounting of all the money it tive action to keep this effort on track progress. spends? Doing it is a constitutional re- and moving in the right direction. Hundreds of thousands of tourists, I sponsibility. Not doing it is unaccept- A willingness and a commitment on repeat, enjoy these helicopter tours able. Why are the military services the part of the Secretary of Defense to each year. I am sorry innocent people dragging their feet as they are? What is take on this problem goes way beyond lost their lives in such a rare tragedy. the problem? Are all of the petty the production of credible financial Nevada puts great stock in protecting fiefdoms entrenched in Pentagon bu- statements required by the Chief Fi- the safety of its tourists, whether fly- reaucracy causing the problem? Is it nancial Officers Act of the late 1970s. It

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8434 CONGRESSIONAL RECORD — SENATE December 8, 2011 goes right to the heart of a much larg- netta on November 17. We, being Sen- It requires a two-thirds vote in each er constitutional issue; that is, wheth- ator COBURN and I, want to work with House for any tax or revenue-raising er the Department of Defense is going him to achieve this most worthy goal. measure. to be held accountable. And in the process of these remarks to It requires a three-fifths vote in each The Department must be able to pro- the Senate, I hope other Members of House for raising the debt limit. vide a full and accurate accounting of the Senate, particularly those who are It allows for waiver of the amend- all the money it spends. Under article on the Armed Services Committee, will ment in times of declared war or seri- I, section 9 of the Constitution, such an also give Secretary Panetta encour- ous military conflict. accounting must be published from aging words of support and thanks. It prohibits courts from ordering any time to time. The taxpayers expect and I yield the floor. increase in revenue to enforce the deserve nothing less than that. Today, The PRESIDING OFFICER. The Sen- amendment. DOD can’t do that. The status quo is ator from Illinois. It directs Congress to enforce the unacceptable. ORDER OF PROCEDURE amendment through appropriate legis- While I began conducting oversight Mr. DURBIN. Mr. President, on be- lation. of the Defense Department financial half of the majority leader, I ask unan- It takes effect 5 years after ratifica- management issues more than 20 years imous consent that the time until 2:30 tion. ago, I did not come to fully appreciate p.m. be equally divided between the This is far more extreme than the the true understanding of the root two leaders or their designees for de- clean House balanced budget amend- cause issue until 3 years ago. bate on the Reid motion to proceed to ment, which failed to pass in that After receiving a series of anonymous Calendar No. 251, S. 1944; that at 2:30 Chamber on November 18. letters alleging misconduct and mis- p.m., the Senate vote on the motion to The testimony before our sub- management within the inspector gen- proceed to S. 1944; that upon disposi- committee from experts in the field eral’s audit office, I initiated an in- tion of the Reid motion to proceed, it said that this amendment, proposed by depth oversight review of audit report- be in order for the Republican leader or Senators HATCH and MCCONNELL, will ing. Early on in the review, there was his designee to move to proceed to Cal- require Draconian cuts in Social Secu- a startling revelation: One all-impor- endar No. 244, S. 1931; that there be 2 rity, Medicare, Medicaid, our military tant, central element was adversely af- minutes of debate equally divided be- retirement system, and many programs fecting every facet of the inspector tween the two leaders or their des- important to working families. general’s audit effort, and that was the ignees prior to the vote; that both mo- It will make Republican fiscal poli- Department’s broken accounting sys- tions to proceed be subject to a 60-vote cies the constitutional law of the land, tem. This dysfunctional system is driv- threshold; finally, that the cloture mo- giving protection to those in higher ining the audit freight train. The success tion relative to the motion to proceed come categories from any tax increase or failure of an audit turns on the qual- to S. 1944 be vitiated. forever, without an extraordinary vote The PRESIDING OFFICER. Is there ity of the financial data available for in either House. objection? Without objection, it is so audit by competent examiners. The It would delegate the task of resolv- ordered. record clearly shows the quality of fi- ing budget disputes to our court sys- nancial data presented for audit by the BALANCED BUDGET AMENDMENT tem. Mr. DURBIN. Mr. President, a little Department should be rated poor—or It would make recessions worse by earlier today the junior Senator from maybe I ought to say even worse than requiring cuts in countercyclical safe- Utah, Mr. LEE, came to the floor to dis- poor. This is what I call the ‘‘no audit ty-net programs such as food stamps cuss the balanced budget amendment. trail’’ scenario. It is frequently encoun- and unemployment just at the time Under the budget agreement agreed to tered by auditors trying to examine when those expenditures are most in Congress in August, both the House Department of Defense books of ac- needed. and Senate were required to vote on a count. That is the exact problem Sec- It would increase the likelihood of constitutional amendment to balance retary Panetta is attempting to ad- debt limit standoffs each year. the budget before the end of this cal- dress. It would lead to increased burdens on endar year. The House has already All my audit oversight work tells me our States. taken the vote. The measure failed. that fixing the accounting machinery During the course of the hearings, The Senate still has a responsibility to is the first step to audit readiness. several people came forward to testify. take it up, which we will do in the clos- Once a modern, fully integrated system I recommend to my colleagues that ing hours of the session this calendar is up and running, it should be a simple they carefully read these testimonies, year. which are available on the Senate Judi- matter of punching the right computer There are at least two proposals be- buttons and credible financial state- ciary Committee website. fore us for a constitutional amend- The first was Robert Greenstein, ments will roll off of the printer. Doing ment, and my subcommittee, the Sub- president of the Center on Budget and routine oversight audits should be a committee on the Constitution, Civil Policy Priorities. Mr. Greenstein, who piece of cake. Today’s labor-intensive Rights and Human Rights of the Com- is well recognized and respected on and time-consuming audit trail recon- mittee on the Judiciary, held a hearing Capitol Hill, spoke about the counter- struction work which auditors now en- last week asking questions about these cyclical aspect and said that if you cut dure in the absence of reliable account- approaches to the Constitution. spending in the midst of a recession, ing records will be a thing of the past. The leading approach on the Repub- you will not have the resources you Most importantly, effective internal lican side comes from both Senators need to provide unemployment bene- controls will be in place to protect the HATCH and MCCONNELL. I am not cer- fits, food stamps, and the things that taxpayers’ money against fraud, theft, tain which they will offer or whether save families when they are out of and waste. the language might change at the last What I am saying to my colleagues is work or making very little money. minute, but it would enshrine in our I ask unanimous consent that Mr. this: Secretary Panetta is on the right Constitution a disciplinary mechanism Greenstein’s statement be printed in track. He is trying to take us to a to reduce the budget deficit. This has the RECORD. place where we need to go and go soon. been brought before the Senate and the There being no objection, the mate- I want to help him lead us there, so I House before many times. This par- rial was ordered to be printed in the am here today to encourage and sup- ticular proposed constitutional amend- RECORD, as follows: port this courageous effort to clean up ment would: TESTIMONY OF ROBERT GREENSTEIN, BEFORE the books. I admire and respect his per- Require that in each fiscal year Fed- THE SUBCOMMITTEE ON THE CONSTITUTION, sonal commitment to such a noble eral outlays shall not exceed receipts CIVIL RIGHTS AND HUMAN RIGHTS HEARING cause. unless two-thirds of each House votes ENTITLED, ‘‘A BALANCED BUDGET AMEND- I am also here to reinforce the words to waive. MENT: THE PERILS OF CONSTITUTIONALIZING of encouragement contained in a letter It caps outlays at 18 percent of gross THE BUDGET DEBATE,’’ NOVEMBER 30, 2011 that my friend from Oklahoma, Dr. domestic product each year unless two- Thank you for the invitation to testify COBURN, and I penned to Secretary Pa- thirds of each House votes to waive. today. I am Robert Greenstein, president of

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8435 the Center on Budget and Policy Priorities, creases spending on unemployment insur- that a BBA would have detrimental effects a policy institute that focuses both on fiscal ance and welfare programs. This automatic on economic growth in both good times and policy and on policies affecting low- and stabilizing occurs quickly and is self-lim- bad. moderate-income Americans. We, like most iting—it goes away as the economy revives— Proponents of a constitutional amendment others who analyze fiscal policy develop- but it temporarily increases the deficit. It is often respond to these admonitions by not- ments and trends, believe that the nation’s an important factor that dampens the ampli- ing that the proposed constitutional amend- fiscal policy is on an unsustainable course. tude of our economic cycles.’’ Under the con- ment would allow the balanced-budget re- As part of our work, we have been analyzing stitutional amendment, he explained, these quirement to be waived by a vote of three- proposed changes in budget procedures for stabilizers would no longer operate auto- fifths of the House and the Senate, so the more than 20 years. We have conducted ex- matically. BBA would be set to the side in recessions. tensive analyses of proposals to write a bal- Similarly, when a constitutional balanced But this response is too facile, and the three- anced-budget requirement into the Constitu- budget amendment was under consideration fifths waiver provision does not solve the tion, among other proposals. in 1997, more than 1,000 economists including problem. It is difficult to secure three-fifths The purpose of changing our fiscal policy 11 Nobel laureates issued a joint statement votes for anything; consider the paralysis course is to strengthen our economy over the that said, ‘‘We condemn the proposed ‘bal- that marks much of the work of the Senate. long term and to prevent the serious eco- anced-budget’ amendment to the federal Moreover, it may take months after a down- nomic damage that would likely occur if the Constitution. It is unsound and unnecessary. turn begins before sufficient data are avail- debt explodes in future decades as a share of The proposed amendment mandates perverse able to convince three-fifths of the members the economy. But we need to choose our fis- actions in the face of recessions. In economic of both houses of Congress that a recession is cal policy instruments carefully. We want to downturns, tax revenues fall and some out- underway. Furthermore, it is all too likely avoid ‘‘destroying the village in order to lays, such as unemployment benefits, rise. that even after the evidence for a downturn save it.’’ These so-called ‘built-in stabilizers’ limit de- is clear, a minority in the House or Senate The goal of a constitutional balanced budg- clines of after-tax income and purchasing would hold a wavier vote hostage to demands et amendment is to address our long-term power. To keep the budget balanced every for concessions on other matters (such as fiscal imbalance. Unfortunately, a constitu- year would aggravate recessions.’’ This sum- new, permanent tax cuts). By the time that tional balanced budget amendment would be mer, five Nobel laureates in economics a recession were recognized to be underway a highly ill-advised way to try to do that and issued a new statement opposing a constitu- and three-fifths votes were secured in both likely would cause serious economic damage. tional balanced budget amendment for this chambers, if such support could be obtained It would require a balanced budget every reason. at all, extensive economic damage could year regardless of the state of the economy, Earlier this year, the current CBO direc- have been done and hundreds of thousands or unless a supermajority of both houses tor, Douglas Elmendorf, sounded a similar millions of additional jobs unnecessarily overrode that requirement. This is an unwise warning when asked about a constitutional lost. stricture that large numbers of mainstream balanced budget amendment at a Senate The bottom line is that the automatic sta- economists have long counseled against, be- Budget Committee hearing. Elmendorf ob- bilizers need to continue to be able to work cause it would require the largest budget served: automatically to protect American busi- cuts or tax increases precisely when the ‘‘Amending the Constitution to require nesses and workers. The balanced budget economy is weakest. It holds substantial this sort of balance raises risks . . . [t]he amendment precludes that. risk of tipping faltering economies into re- fact that taxes fall when the economy weak- Nor is a recession the only concern. Con- cessions and making recessions longer and ens and spending and benefit programs insider the savings and loan crisis of the 1980s, deeper. The additional job losses would like- crease when the economy weakens, in an or the financial meltdown of the fall of 2008. ly be very large. automatic way, under existing law, is an im- A constitutional balanced budget amend- When the economy weakens, revenue portant stabilizing force for the aggregate ment would have hindered swift federal ac- growth drops and revenues may even con- economy. The fact that state governments tion to rescue the savings and loan industry tract. And as unemployment rises, expendi- need to work . . . against these effects in or to rapidly put the Troubled Assets Relief tures for programs like unemployment insur- their own budgets—need to take action to Program in place. In both cases, history indi- ance—and to a lesser degree, food stamps and raise taxes or cut spending in recessions— cates that federal action helped save the Medicaid—increase. These revenue declines undoes the automatic stabilizers, essen- economy from what otherwise likely would and expenditure increases are temporary; tially, at the state level. Taking those away have been far more dire problems. they largely disappear as the economy recov- at the federal level risks making the econ- Moreover, the federal government provides ers. But they are critical for helping to keep omy less stable, risks exacerbating the deposit insurance for accounts of up to struggling economies from falling into a re- swings in business cycles.’’ $250,000; this insurance—and the confidence cession and for moderating the depth and Finally, a month ago, Macroeconomic Ad- it engenders among depositors—is critical to length of recessions that do occur. visers (MA) analyzed the economic impacts the sound functioning of our financial sys- When the economy weakens, consumers of a constitutional balanced budget amend- tem so that we avoid panics involving a run and businesses spend less, which in turn ment. One of the nation’s preeminent private on financial institutions, as occurred in the causes further job loss. The drop in tax col- economic forecasting firms, Macroeconomic early 1930s. A constitutional prohibition of lections and increases in unemployment and Advisers provides analysis to major corpora- any deficit spending (unless and until a other benefits that now occur automatically tions and government entities, such as the supermajority of both houses of Congress when the economy weakens cushions the President’s Council of Economic Advisors voted to authorize it) could seriously weaken blow, by keeping purchases of goods and under Presidents of both parties, including the guarantee that federal deposit insurance services from falling more. That is why Presidents Reagan and George W. Bush. provides. That is a risk we should not take. economists use the term ‘‘automatic stabi- MA concluded that if a constitutional bal- These are illustrations of why fiscal policy lizers’’ to describe the automatic declines in anced budget amendment had already been should not be written into the Constitution. revenues and automatic increases in UI and ratified and were now being enforced for fis- A parallel problem is that the proposed other benefits that occur when the economy cal year 2012, ‘‘the effect on the economy constitutional amendment would make it turns down; these actions help stabilize the would be catastrophic.’’ If the 2012 budget even harder than it already is to raise the economy. were balanced through spending cuts, MA debt limit, by requiring a three-fifths vote of A constitutional balanced budget amend- found, those cuts would total about $1.5 tril- both the House and Senate to raise the limit. ment, however, effectively suspends the lion in 2012 alone—and would throw about 15 This is playing with fire. It would heighten automatic stabilizers. It requires that fed- million more people out of work, double the the risk of a federal government default. A eral expenditures be cut or taxes increased unemployment rate from 9 percent to ap- default would raise our interest costs and to offset the effects of the automatic stabi- proximately 18 percent, and cause the econ- could damage the U.S. economy for years to lizers and prevent a deficit from occurring— omy to shrink by about 17 percent instead of come. the opposite course from what sound eco- growing by an expected 2 percent. nomic policy calls for. Even if a BBA were implemented when the MISTAKEN ANALOGIES TO STATES AND FAMILIES Over the years, leading economists have budget was already in balance, MA con- Proponents of a constitutional amendment warned of the adverse effects of a constitu- cluded, it would still put ‘‘new and powerful sometimes argue that states and families tional balanced budget amendment. In Con- uncertainties in play. The economy’s ‘auto- must balance their budgets every year and gressional testimony in 1992, Robert matic stabilizers’ would be eviscerated [and] the federal government should do so, too. Reischauer—then director of the Congres- discretionary counter-cyclical fiscal policy But statements that the constitutional sional Budget Office and one of the nation’s would be unconstitutional .... Recessions amendment would align federal budgeting most respected experts on fiscal policy—ex- would be deeper and longer.’’ practices with those of states and families plained: ‘‘[I]f it worked [a constitutional bal- MA also warned that ‘‘The pall of uncer- are mistaken. anced budget amendment] would undermine tainty cast over the economy if it appeared While states must balance their operating the stabilizing role of the federal govern- a BBA could be ratified and enforced in the budgets, they can borrow to finance their ment.’’ Reischauer noted that the automatic middle of recession or when the deficit was capital budgets—to finance roads, schools, stabilizing that occurs when the economy is still large would have a chilling effect on and other projects. Most states do so. States weak ‘‘temporarily lowers revenues and in- near-term economic growth.’’ MA concluded also can build reserves during good times

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8436 CONGRESSIONAL RECORD — SENATE December 8, 2011 and draw on them in bad times without ernment subsidy that reduces your child care had retired and when health care expendi- counting the drawdown from reserves as new costs, but it is delivered through the tax tures throughout the U.S. health care sys- spending that unbalances a budget. code, as a tax credit. (Moreover, if you are a tem (including the private sector) were one- Families follow similar practices. They low- or moderate-income parent with child third lower as a share of GDP than they are borrow—they take out mortgages to buy a care costs, you likely will miss out because today. It also was before the September 11 home or student loans to send a child to col- the spending programs that provide child terrorist attacks led policymakers to create lege. They also draw down savings when care subsidies are not open ended and can a new category of homeland security spend- times are tight, with the result that their only serve as many people as their capped ing, and before the wars in Iraq and Afghani- expenditures in those periods exceed their funding allows. By contrast, if you are a stan led to increases in veterans’ health-care current incomes. higher income household—and there is no costs that will endure for a number of dec- But the proposed constitutional amend- limit on how high your income can be—your ades. ment would bar such practices at the federal child care subsidy is guaranteed, because the ESTIMATING THE EFFECTS OF SPENDING CAP IN level. The total federal budget—including tax subsidy that you get operates as an open- S.J. RES. 10 AND S.J. RES. 23 capital investments—would have to be bal- ended entitlement.) It is difficult to justify To provide a more precise and detailed anced every year, with no borrowing allowed making the tax-code subsidy sacrosanct and analysis of the impact that the spending cap for infrastructure or other investments that the program subsidy a deficit-reduction tar- in S.J. Res. 10 and S.J. Res. 23 would have, can boost future economic growth. And if the get merely because one is delivered through we recently conducted an analysis of its ef- federal government ran a surplus one year, it a ‘‘spending’’ program and the other is deliv- fects, using the latest Congressional Budget could not draw it down the next year to help ered through the code. Office ten-year budget projections. We con- balance the budget. And as the child care example illustrates, sidered the impact if the balanced budget re- I would also note that the fact that states sharply distinguishing between subsidies de- quirement would take effect in fiscal year must balance their operating budgets even in livered through the tax code and those deliv- 2018, as would occur if Congress approved it recessions makes it all the more important ered through programs on the spending side now and the requisite number of states rati- from the standpoint of economic policy that of the budget also has a ‘‘reverse Robin fied it by September 30, 2013. Here are the re- the federal government not be subject to the Hood’’ aspect. Low- and moderate-income sults. same stricture. American Enterprise Insti- households receive most of their government —Congress would have to cut all programs tute analyst Norman Ornstein addressed this assistance through spending programs; afflu- (except interest on the debt) by an average of matter in an article earlier this year, where ent households receive most of their federal 24.9 percent in 2018. It would have to cut pro- he wrote: ‘‘Few ideas are more seductive on subsidies through tax expenditures. Effec- grams by $1.1 trillion in 2018 alone, and by the surface and more destructive in reality tively barring reductions in tax expenditures $6.1 trillion through 2021. than a balanced budget amendment. Here is from contributing to deficit reduction is a —If all programs were cut by the same percentage, Social Security would be cut $265 why: Nearly all our states have balanced prescription for placing the greatest burden billion in 2018 alone and $1.7 trillion through budget requirements. That means when the of deficit reduction on those who can least 2021; Medicare would be cut $168 billion in economy slows, states are forced to raise afford to bear it. 2018 and $1.1 trillion through 2021; and Med- taxes or slash spending at just the wrong The problems do not stop there. If it re- icaid and the Children’s Health Insurance time, providing a fiscal drag when what is quires a supermajority to raise any revenue, another likely outcome is a proliferation of Program (CHIP) would be cut $115 billion in needed is countercyclical policy to stimulate 2018 and $724 billion through 2021. the economy. In fact, the fiscal drag from tax loopholes. New loopholes—including loopholes that Congress did not intend but —Veterans disability payments, compensa- the states in 2009–2010 was barely countered tion, and other such benefits would be cut $19 by the federal stimulus plan. That meant the that high-priced tax lawyers and accountants have found ways to create—could be- billion in 2018 and $122 billion through 2021. federal stimulus provided was nowhere near —Defense spending would be cut $141 bil- what was needed but far better than doing come untouchable once they appeared, because it would require a supermajority of the lion in 2018 and $879 billion through 2021, on nothing. Now imagine that scenario with a top of the reductions made to comply with House and Senate to raise any revenue. It federal drag instead.’’ the discretionary spending caps that the would become more difficult to close tax Budget Control Act establishes and the re- S.J. RES. 10 AND S.J. RES. 23 RAISE ADDITIONAL loopholes that opened up, since (under S.J. ductions made under the sequestration order ISSUES Res. 10 and S.J. Res. 23) special-interest lob- The foregoing concerns apply to all that is expected to be issued in January 2013, byists could block such action simply by se- pursuant to that act. versions of the balanced budget amendment curing the votes of one-third plus one mem- Congress would not, of course, have to cut that have been introduced. Some versions of ber in one chamber. all programs by the same percentage and the balanced budget amendment, such as Finally, as noted, S.J. Res. 10 and S.J. Res. likely would not do so. But if Congress chose S.J. Res. 10 and S.J. Res. 23, which are iden- 23 would bar federal spending from exceeding to spare certain programs, others would have tical, raise additional concerns, because they 18 percent of GDP in the prior calendar year, to be cut even more deeply. For example, if would write into the Constitution new bar- which translates into a limit of about 16.6 Social Security were spared, the average cut riers to raising any revenues—including clos- percent of the current fiscal year’s GDP. To to all other programs would rise by more ing wasteful tax loopholes—to help balance hit that level would require cuts of a truly than one third, from 24.9 percent in 2018 to the budget and also would prohibit federal draconian nature. Consider the austere budg- 34.2 percent. Similarly, if the defense budget expenditures in any year from exceeding a et that the House of Representatives passed were increased by placing it at 4 percent of figure such as 18 percent of the Gross Domes- on April 15, sometimes referred to as the GDP (exclusive of war costs) and maintain- tic Product in the previous calendar year. Ryan budget. Under that budget, Medicare ing it at that level, as presidential candidate These constitutional requirements could be would be converted to a voucher system Mitt Romney has proposed, then all other overridden only by supermajority votes in under which, the Congressional Budget Of- programs—including Social Security—would both the House and the Senate. fice has said, beneficiaries’ out-of-pocket have to be cut an average of 38.2 percent in This requirement for a supermajority to health-care costs would nearly triple by 2030 2018 under S.J. Res. 10 and S.J. Res. 23. raise taxes would be extremely unwise. It (relative to what those costs would be that Even if the so-called ‘‘plain vanilla’’ would protect what President Reagan’s year under the current Medicare program). version of the BBA is pursued, rather than former chief economic advisor, Harvard CBO also has written that under the Ryan S.J. Res. 10 and S.J. Res. 23, the required economist Martin Feldstein, has called the budget, federal Medicaid funding in 2030 level of budget cuts would be massive, as- biggest area of wasteful government spend- would be 49 percent lower than it would be if suming taxes are not raised to help balance ing in the federal budget—what economists the Affordable Care Act’s Medicaid expan- the budget. Congress would have to cut ev- call ‘‘tax expenditures’’ and Alan Greenspan sion were repealed but Medicaid otherwise erything an average of 17.3 percent in 2018, has called ‘‘tax entitlements.’’ was unchanged. And funding for non-security an average of 23.8 percent if Social Security In 2010, tax expenditures amounted to $1.1 discretionary programs would be cut more were protected, and an average of 29.4 per- trillion, more than the cost of Medicare and than one-third below its real 2010 level. Yet cent if the defense budget were set at 4 per- Medicaid combined (which was $719 billion), CBO says that under this budget, total fed- cent of GDP and Social Security were not Social Security ($701 billion), defense ($689 eral spending would be 203⁄4 percent of GDP protected. billion, including expenditures in Iraq and in 2030, so it would breach the allowable CONCLUSION Afghanistan), or non-defense discretionary limit under S.J. Res. 10 and S.J. Res. 23 by Policymakers need to begin to change our spending ($658 billion, including expenditures four percentage points of GDP. This illus- fiscal trajectory. As various recent commis- from the Recovery Act). Many of these tax trates the draconian nature of the proposed sions have indicated, we need to stabilize the expenditures are fully the equivalent of gov- 16.6 percent-of-current-GDP requirement. debt as a share of GDP in the coming decade ernment spending. Let me use child care as Another way to look at this stricture is to and to keep it stable after that (allowing for an example. examine federal expenditures under Ronald some fluctuation over the business cycle). If you are low- or moderate-income, you Reagan. Under President Reagan, who se- But establishing a balanced budget amend- may get a federal subsidy to help cover your cured deep budget cuts at the start of his ment in the Constitution would be exceed- child care costs, and the subsidy is provided term, federal expenditures averaged 22 per- ingly unwise. It would likely exact a heavy through a spending program. If you are high- cent of GDP. And that was at a time before toll on the economy and on American busi- er on the income scale, you still get a gov- any members of the baby boom generation nesses and workers in the years and decades

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8437 ahead. It is not the course that the nation it is in doubt while there is a question there are those who are arguing that should follow. raised as to whether the budget passed we should not accept our responsibility Mr. DURBIN. Mr. President, another by the Congress is unconstitutional. in the Senate and the House to balance testimony that I thought was ex- This is the thicket we are being led the budget. No, we should just put in tremely compelling came from Alan into by those who very glibly say: All the Constitution that we are required Morrison. Alan Morrison is an accom- we need to do is mandate in the Con- to do it. And then they go further. If plished attorney and has argued many stitution a balanced budget, and it will we are going to address it, they say, we cases before the U.S. Supreme Court. just flow naturally from that mandate. are going to draw certain lines that fu- He is the Lerner Family Associate Well, listen to what Professor Morri- ture Congresses, forever, as long as this Dean for Public Interest & Public Serv- son said: constitutional amendment applies, will ice Law at George Washington Univer- The federal courts will (rightly) be ex- be bound by—to make it more difficult sity Law School. tremely reluctant to wade into these budget to raise taxes on anyone in the United Professor Morrison really asked us to battles and thus will want to be sure that States; to make it imperative, if not think through what we are doing. In there is likely to be a violation before agree- mandatory, that cuts be made in pro- fact, he asked us the most important ing to decide the merits. But budgets are in- grams such as Social Security and herently uncertain in their impact, depend- question: If you put an amendment to Medicare. These are questions that the Constitution that requires a bal- ing on such factors as whether revenue tar- gets are met, whether the demand for enti- should be decided by Congress and the anced budget, who will enforce it? Who tlements is higher or lower than anticipated, President on a timely basis. will make it work? Who will decide if whether discretionary spending is fully real- I have been involved in the past 2 you have lived up to its terms? He con- ized, and whether an existing war winds years with a lot of debate about our na- cluded, based on his background in con- down or a new one starts, each with great tional budget deficit, both on the uncertainties accompanying them. Thus, it stitutional law and arguing before the Bowles-Simpson Commission and with Supreme Court, not the President. The will be far from clear on October 1st of a given fiscal year whether a duly enacted the voluntary effort by six Democratic President is not in that position to do and Republican Senators. It is not it. The President, of course, with his budget will or will not be in balance, assuming that the question is reasonably close, as easy. It is very hard. But it can be done budget, has his own favorites when it it is likely to be in at least some years. Un- if the political will is there. comes to spending and revenue. less Congress makes it clear, either in the I think we need to summon the cour- Professor Morrison said this case ul- [constitutional] amendment or perhaps by timately has to find its way to our subsequent legislation, that the courts age, the political courage and the will court system. But he made it clear should resolve all doubts in favor of finding to do it. But we should reject—sum- that any constitutional balanced budg- claims ripe, the courts are likely to be very marily reject these efforts to amend et amendment must expressly give to reluctant to reach the merits even for those our Constitution. They are not well the Federal courts the standing to de- persons who are expressly given standing in thought out. The Constitution is too the amendment. cide the question. He raised a question important a document, a historical that without that expressed language, Then, of course, is the question of a guidepost for our Nation, and an inspi- he really was doubtful that the courts remedy. What if Congress passes a ration for nations around the world to would take it up. They might view it as budget and appropriations bills, the put in a fatally flawed constitutional just a political question to be resolved President signs them, and they are balanced budget amendment in the by Congress itself. challenged in court, and the court says: heat of the moment. Now, Senator LEE, who spoke on the Yes, in fact, Congress has overspent be- This is a significant vote. Those of floor earlier, has a version of the bal- yond the requirements of the Constitu- us—and that includes every single anced budget amendment that ex- tion. What is next? What remedy would Member of the Senate—who have sworn pressly gives standing to Members of the courts order? What can the court to uphold and defend the Constitution Congress, if I am not mistaken. But the do? need to take that document very, very point made by Professor Morrison is Can they order the recipients (of salaries, seriously. Those who want to amend it that any balanced budget amendment social security benefits, Medicare payments, in quick fashion, changing their has to expressly give to our Federal payments under Government contracts etc) amendment language by the day, court system the power of judicial re- to ‘‘pay back’’ [a certain percentage]? Or can should be dismissed. If they do not it order Congress to rectify the balance in view. In other words, who is going to the next year’s budget, which would almost show the reverence for this document call the fouls, the balls, the strikes, certainly trigger a new lawsuit? To be sure, that it deserves, if they do not take the and the outs? It is going to have to be the courts will not dismiss as moot claims time to make certain their proposals the court system when it comes to that are capable of repetition, yet evade re- are consistent with the sanctity and whether the balanced budget amend- view because the duration of the violation is importance of this document, they ment is being complied with. so limited that the courts cannot decide its should not be taken seriously. legality before it has ceased. That is the first question but cer- I do not believe any of my colleagues tainly not the last question. Professor Morrison asks us to get be- can go home having voted for that Professor Morrison then went on to yond the bumper stickers and to think amendment and expect wild applause say: Now, put this in the real world. In twice before we amend our Constitu- from audiences across America. They the real world, where Congress has tion. will understand that this was just a po- passed a budget, appropriations bills, In the 220 years since the enactment litical reaction to a very important and now someone is arguing that what of the Bill of Rights, we have amended issue. Let’s not amend the Constitu- Congress did does not comply with the this Constitution precious few times. tion with a balanced budget amend- new provision of the Constitution re- We have done it for compelling na- ment. quiring a balanced budget—arguing tional reasons. We have done it to ex- (Mrs. HAGAN assumed the chair.) that, in fact, Congress is overspending tend the right to vote to women. We the amount it is allowed to spend, for have done it to make it clear that Afri- Mr. DURBIN. Madam President, I example—then, of course, that case has can Americans treated as slaves will be would like to make one additional brief to find its way from the Capitol Build- treated as citizens in the United statement. I see the Senator from Ohio ing to the President, who signed the States. We have done it to deal with in the Chamber. bill, and then over to the court system. questions of Presidential disability and The holiday season is upon us, and a Keep in mind, while we are in doubt succession. These are things which lot of us are thinking about our fami- about the outcome on appropriations were compelling, major, national lies, and we are thinking about being bills and the budget, there is a serious issues which could be resolved in a with them as quickly as we can. It is a question about how we will continue to clear, definitive way by our Congress, time of year that has a special signifi- fund our government, whether we can working with the States for ratifica- cance for so many of us. But what was continue to make important payments tion. made clear by President Obama yester- to military retirees, Social Security Now comes the flavor of the day. In day—and my colleagues should take recipients, Medicare recipients. All of the midst of the deficit crisis debate, note—we are not going home for

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8438 CONGRESSIONAL RECORD — SENATE December 8, 2011 Christmas, Hanukkah, or any holiday ate—20 out of 47 Republican Senators. Utah—spoke about the importance of a season until we have done our job for Twenty voted for it. They want to balanced budget amendment. I sup- the people of this country. bring it up again today. They will prob- ported a balance budget amendment in Millions of people in Illinois and ably get more than 20 votes this time, the past when I was in the House of across America are counting on Con- but it is pretty clear that the Repub- Representatives. In here I have actu- gress to extend the payroll tax cut. lican Senators are halfhearted in their ally voted—it was part of an effort to What does it mean in my State? With support of this Republican alternative. get us to a balanced budget in reality an average income of $50,000 a year, it One Republican Senator from Maine in the 1990s. When President Bush took is worth more than $1,000 a year to had the courage to step across the aisle office we had the largest budget sur- those families. It is worth about $125 to last week and join us. We salute Sen- plus. We balanced the budget and then $150 a month to have a payroll tax ator COLLINS for doing that. We hope some. We had the largest budget sur- cut—money that working families, others will do it today. plus in American history. struggling from paycheck to paycheck, We can bring this challenge to a close I was part of that. I was proud of desperately need to fill the gas tank, to the right way by extending the payroll that. We accomplished what we set out pay the utility bills, to provide cloth- tax cut, paying for it with a tax on the to do. We accomplished what we said ing for their kids, to make sure they wealthiest people in America. We can we would, and we accomplished some- can stay in their home. These are the do our job and go home and be with our thing very important for our country. basics. families. If Republicans will not come It was then in the first years of the last No Member of Congress is going to be to the table to work with us on a rea- decade—in 2001, 2002, and 2003—that we allowed to go home and ignore the im- sonable compromise, I am afraid the went to war, two wars, Afghanistan position of such a new payroll tax on American people will know very clear- and Iraq, and we did not pay for them. America. President Obama met with ly who is to blame for continuing a tax President Bush, in those days, pushed the Democratic leaders of the Senate on working families across America. through two tax cuts—one in 2001, one yesterday, and he said point-blank—he The facts are that we want working in 2003—that went overwhelmingly to has told the First Lady, Michelle, and Americans to have a good year, get the wealthiest Americans, without his girls that, if necessary, they can through a difficult time, and the econ- paying for it, without offsets, cuts, or have their Christmas vacation in Ha- omy to recover. other taxes. Then President Bush also waii, which they go to each year, by We should be doing this on a bipar- pushed through—at a very close, mid- themselves, and he will wait here until tisan basis. The President said: Roll dle-of-the-night vote in the House of this job is done. I hope that does not out your Christmas trees and blankets Representatives, by, I believe, one vote happen for the sake of his family or for here in the Senate because you are or two votes—a Medicare privatization the sake of any family of any Member going to stay here, even through the bill that basically was a bailout for the of Congress, but in order to avoid that, holidays if necessary. We are not going drug companies and the insurance com- we have to do the right and responsible to go home to celebrate until we can panies and did not pay for that. That is thing. celebrate with American families who why we got to this situation, unfortu- This afternoon, there will be a vote are counting on us across America. nately, where we have had this terrible on the payroll tax cut offered by Sen- I yield the floor. budget problem. ator CASEY of Pennsylvania. It is a The PRESIDING OFFICER. The Sen- What I wanted to address is what the payroll tax cut that would help mil- ator from Ohio. solution of a couple of my colleagues lions of America’s working families Mr. BROWN of Ohio. Madam Presi- seems to be. To their minds, there have more to spend and help the econ- dent, I go home every weekend, back to seems to be sort of a moral equivalent omy to recover. And he pays for it. He northeast Ohio where I live in a town of, on the one hand, asking million- does not add to the deficit. He pays for called Avon in Lorain County. I want aires, people making a million dollars it by imposing a surtax—listen close- to go home at Christmas. I want to be and up, to pay their fair share and ly—on the second million dollars with my 3-year-old grandson and my making Medicare beneficiaries and So- earned by a person in a year, not the three daughters and son. But I also cial Security beneficiaries take big first million. You do not pay a penny think our obligation, as Senator DUR- cuts. on the first million you earn. On the BIN said, the assistant majority leader, So I heard my two colleagues basi- second million, you will pay a surtax, is to stay here and get our work done. cally say this: that if the Democrats and I think it is 2 percent, maybe less. And ‘‘get our work done’’ means extend were serious about moving toward a The Republicans have said: Abso- the payroll tax cut and extend unem- balanced budget—and, again, 15 years lutely unacceptable. We will not allow ployment benefits. ago we did it. We absolutely did it with you to impose this onerous tax on If we do not do that, frankly, we are President Clinton, got to a balanced these people. ruining the holiday season for tens of budget, got to a surplus. People who are already making thousands and dozens of tens of thou- They said if the Democrats are seri- $20,000 a week, we cannot ask them to sands, if you will, of Ohioans and Illi- ous about that, they will raise the repay 2 percent more on the next dollar noisans and North Carolinians. If we do tirement age for Social Security, and they make? I do not think it is unrea- not do that, we do not deserve to be they will raise the eligibility age of sonable. And if it leads to a payroll tax able to go home and be with our fami- Medicare. Let me tell you why that is cut that helps families across this lies. I am not trying to be a martyr, a bad thing. I was in Youngstown not country, if the economy continues to but I think it is shameful a group of too long ago at a townhall meeting. A recover even at a faster pace, if we see people, in order to protect the highest 63-year-old woman stood up and said— more business activity and business income taxpayers in this country— 62, 63 years old. life and more people working, do you those making over $1 million a year— She said: I just need to stay healthy know what is going to happen? Those continue to block an extension, a con- and stay alive until I am 65 so I have same wealthy people will prosper tinuation, if you will, of this tax cut health insurance. I need to be able to again, as they always do. It is in their for working families. stay alive for another couple of years best interests for this economy to get In my State the average tax cut that so I can get on Medicare and have well. For our Republican friends to fold we will vote for today, and continue health insurance. their arms and say: We are just not until it happens is about $100, $110, $120 Imagine living your life that way, going to let you touch the wealthiest per family per month. It is absolutely when you are thinking: I just have to people in America, is an irresponsible unconscionable not to do that. stay alive until I am 65. Then I will position. Senator DURBIN also talked about the have good government Medicare health Senator CASEY has led this effort. It constitutional amendment to balance insurance. So some people here say: is the second effort we have made. We the budget. I want to recount some- Well, tough luck. We are going to have had one last week. The Republicans of- thing I heard earlier today on the Sen- to raise the eligibility age of Medicare fered their alternative last week. It ate floor. Two of my conservative col- to 66, 67, 68, whatever my very conserv- had 20 votes on the floor of the Sen- leagues—one from Kentucky, one from ative colleagues are proposing—from

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8439 Utah and Kentucky—raise the eligi- ment age to 70, then Members of Con- No. 2 is, if we are going to borrow bility age for Medicare as if that is gress cannot retire with a pension until $117 billion against our children know- going to make them better. 70. Why should Members of Congress be ing that we have significant waste, When you think about it—I want 62- able to get a pension at 62 or 58 if they fraud, abuse, and duplication in the year-olds—one reason we passed the served enough years, but a Social Secu- Federal Government of in excess of $350 health care reform, I want 62-year-olds rity beneficiary should not until a dec- billion a year, should we not eliminate to have health insurance. One, it is ade or so later? some of that, pay for this rather than good for them. Second, it is way better So it is important, as we talk about borrow the money? for the country, including taxpayers, balancing the budget, as we talk about So we have the posturing between that they get health care before they our fiscal situation, not to make a the two parties based on the election get sicker and sicker and end up in the moral equivalence between the richest that is coming to create a predicate emergency room or end up with cob- people, the richest 1 percent in this that some people only care for the rich bled-together health care that is much country paying their fair share in and some people only care for those more expensive, let alone what it does taxes, making that a moral equiva- who are less fortunate, which is all to this lady and her family. lence to Social Security and Medicare smoke and mirrors. There is unanimity Second, they proposed to raise the beneficiaries having to endure signifi- that we want this to continue. So what eligibility age for Social Security. cant cuts. the American people are not hearing is Now, it is easy for people around here Some people around here call Medi- the real debate. to dress like this who, for all intents care and Social Security entitlements. The real debate is, should we elimi- and purposes, talk for a living—work They can be dismissive: We have to fix nate some of the waste, some of the hard at what we do but talk for a living entitlements. Well, talk to a 72-year- stupidity, some of the duplication in and work in offices and, you know, do old in Dayton or a 68-year-old in Zanes- the Federal Government and actually not do heavy lifting and are not ex- ville or an 81-year-old woman in Xenia do that to be able to pay for this so posed to the elements and all of that. or Springfield, OH, and they will tell that as we do this thing that we all It is easy for us to say: Let’s raise the you oftentimes this is not really an en- want to do—in other words, keep this Social Security age to 70 because, God titlement, this is an investment. They $1,000 to $2,000 per family in the econ- willing, we will still be here if the vot- paid into Social Security. They paid omy now—that we do not do that by ers vote us in and we can keep doing into Medicare. They want to make sure crippling the children of the very peo- this. Most of us are pretty healthy and the government fulfills the covenant ple who are in the economy. do not work around asbestos and are that we made over the last 75 years in You know it is a zero-sum game. not doing heavy lifting, are not work- the case of Social Security, 45 years in Somebody is going to pay the bill ing in the snow, in the rain, in the the case of Medicare, the covenant that sometime. If it is us who refuse to do heat. we made between our government and the hard work of ferreting out waste, Well, when I think about raising the the citizens of this country. That is the duplication, fraud, then our service retirement age to 70, here is who I importance of that. We need to think will have been in vain because what we think about. I think about construc- twice. are really doing is transferring to our tion workers. I think about women who That is why my legislation was intro- children the responsibility for us cut hair. I think about a waitress who duced, in part, that Congressmen and today. Actually, it is going to come works at a diner. I think about some- Congresswomen cannot receive a pen- doublefold because the way this bill is one who works at a factory in Bruns- sion before the same retirement age as lined out is we are going to borrow the Social Security beneficiaries. We need wick, OH. I think about people who money in the market to pay for this to think twice before we are going to walk the floors in retail. We are going continued decrease in Social Security tell a carpenter or a barber or a retail to tell them that—we who dress like taxes. worker or a steel worker that we are this, we who have jobs like this are We have already stolen $2.6 trillion going to raise the retirement age and going to tell those constituents—and from Social Security, Congresses have make them work until 70 so they can there are millions in my State and tens the last 20 years. When we borrow that receive Social Security benefits. money and put it back in, there is no and tens and tens of millions around I yield the floor, and I suggest the ab- reduction in what is owed, so our kids the country, working-class citizens of sence of a quorum. this country who simply cannot work The PRESIDING OFFICER. The are actually going to get to pay for it until they are 70. clerk will call the roll. twice. They are going to pay for it now If you are cutting hair, if you are The bill clerk proceeded to call the with the new debt that we are taking, changing sheets in a hotel, cleaning roll. and the fact that new payment was not out bathrooms in a hotel, if you are Mr. COBURN. Madam President, I recognized as a reduction, they are working as a carpenter or a laborer or ask unanimous consent that the order going to get to pay it again. sheet metal worker, if you are working for the quorum call be rescinded. So it is going to cost our children a as an auto worker, a steel worker or The PRESIDING OFFICER. Without quarter of a trillion dollars. There is a nonunion in a tool-and-die or machine objection, it is so ordered. lack of honesty in talking plainly with shop, you probably cannot work until Mr. COBURN. I ask unanimous con- the American people. They know we you are 70. Your body probably will not sent that I be allowed to speak as in are in trouble. The question is, Will we be able to function in the workplace, morning business. be honest with them, treat them as with the physical and mental demands The PRESIDING OFFICER. Without adults in terms of how we go about now to work in the workplace until 70. objection, it is so ordered. solving the problem? We hear the mess. Yet people here think it is OK to do MAKING TOUGH CHOICES The press takes advantage of that. that. Mr. COBURN. I am coming to the There is not a lot of difference between The people here, I would add, can re- floor now because we will not have an the Senator from Ohio who just spoke, tire if they have 20 or 25 years in the opportunity to debate on the payroll in terms of what we want to do in House and Senate. They can retire at tax cuts because the vote is going to be terms of protecting seniors. But the 60 or 62 or whatever and get a full pen- at 2:30 and that time is taken. politics surrounding it and the game sion. That is why I have introduced I think it is important for the Amer- playing poorly serves our country. legislation—not opposed to their bal- ican public to look at what is hap- So for all the press that is watching, anced budget amendment. I think it pening in Washington right now. There we are going to get this done. I know it has all kinds of mechanisms in it that is not a disagreement in Washington is the game Blood Sport that is hap- lock in low tax rates for the richest about whether we want people to con- pening right now, with the press say- people in this country. I will not get tinue to receive this tax cut. The dis- ing: Will they or will they not? It is into that. Senator DURBIN talked about agreement is, should it come out of So- going to happen. We are going to fix that. cial Security? Should we continue to unemployment so that we have a con- But I have introduced the legislation undermine Social Security or should tinuation of that. The real question is, that simply says if we raise the retire- we do it a different way? That is No. 1. Will we fix the real things that the

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8440 CONGRESSIONAL RECORD — SENATE December 8, 2011 country needs fixed or are we just pointment that was attempted a little we have worked through over the last 3 going to kick the can down the road? bit ago, and then I want to bring up years during this great recession. We What we are doing is kicking the can some more good news on the economic have fought kind of a lonely war to get down the road because we won’t make front. these policies in place. the tough choices to pay for it. We First, I was somewhat disappointed Once again, more good news, and let won’t pay for the unemployment bene- in the vote of 54 to 45, garnering only 1 me read off a couple. This week’s Time fits. The first 26 weeks is what is Republican from the other side—only magazine has a whole article entitled earned; that is what people contributed 1—and on such an important agency ‘‘How America Started Selling Cars to. We are up to 99 weeks, and that that ensures the protection of con- Again.’’ Why is this important? Be- comes directly from the American tax- sumers in a variety of areas. It seems cause this is a manufacturing base for payer—it actually comes from the fu- illogical to me that we would not find our country. It employs people not ture American taxpayer. compromise in a vote to appoint some- only in jobs in the automobile industry Some real questions ought to be one to run an agency that this body, in but it trickles all the way through the asked. What is the game being played a 60-vote margin, approved to help pro- economy of the country. It doesn’t in Washington by both sides—trying to tect consumers, particularly consid- matter if they are at a port, for exam- get advantage in the next election? As ering what has happened over the last ple. our country drowns in debt, we con- several years and the glaring problems I remember meeting recently with tinue to further mortgage our chil- and challenges consumers have had to the folks from the Detroit Port Au- dren’s future, and we continue to treat endure with the financial institutions the American people like children thority talking about ships and the of this country as well as from other movement of product from the auto- rather than the adults they are. Every- entrepreneurs, such as pawnshops and body knows we are all going to have to mobile industry across this country, payroll check cashers. All of these in- but also manufacturing and other ac- sacrifice. Does that mean we are going stitutions would have firm regulations to abandon the social safety net? No, it tivities throughout the country that and provide the consumer an oppor- support the automobile industry. It is doesn’t. Does that mean a 62-year-old tunity to respond, or those who get who is trying to get on Social Security moving forward. It is growing. abused by those programs. We took a dramatic step and got a is not going to get there? No; they are. I am a little disappointed. I wasn’t lot of criticism for it. As a matter of Those are the tactics of fear that some- intending to come and speak on that fact, no one wants to even mention the thing will not be there. As a fiscal con- issue, but I wanted to have my voice on words, because everyone is so nervous servative or a constitutional conserv- the floor that I was disappointed that about it. Some call it an auto bailout. ative, I want us to fulfill our obligation an appointment could not happen, And, yes, we did do that. That result is to the promises we have made and to which I believe is raw politics. It has a healthy, strong, profitable industry our oath, which is to uphold the Con- nothing to do with the individual’s that is bringing jobs to America and stitution. Thomas Jefferson said you ability to make this agency run prop- creating jobs in America. As a matter should never borrow money which you erly. They didn’t want to appoint him of fact, there was an article in the Wall have not laid a tax to pay for. He is a because they didn’t like the agency— Street Journal not long ago talking Founder—one of the Founders of our the 45 or so who didn’t vote for it. And about how we are importing jobs from country. We would do well to go back I think it all boils down to one very Japan and China back to the United and revisit the wise and prudent advice simple thing: Consumers are now, once States, to the automobile industry, be- of our Founders. You don’t see that or again, left without someone running an cause it is successful. hear that much anymore in the U.S. agency that will help protect them Congress. against these people who prey on indi- And, oh, by the way, they are paying These are big problems our country viduals in the financial arena. back all those loans they got from the is facing. I am 63—soon to be 64—years Federal Government with interest. So THE ECONOMY old. We have never faced anything the taxpayers are getting their money Again, Madam President, I am some- close to what we are facing today. How back in full. The net result is, because what disappointed, but let me get to we react and how we respond is going we helped at the right time, we have the real reason I came to the floor. I to make all the difference in the ensured we are still a player in the came down yesterday and had a lot to world—not only for our short-term fu- automobile industry not only in this say about the economy and where we ture but also for our long-term future. country but in the world market. So are and the headlines that were re- I hope the American people who are for those who want to continue to com- ported yesterday. And in less than 48 listening right now understand that we plain and to demonize that action, the hours—27 hours—there are more good are going to do what is necessary to net result is we are bringing jobs back help get the economic process of our news headlines. These are some of the headlines I to the United States in this industry. country running again in a better and The Cash for Clunkers Program was viable way. I hope you will dismiss the talked about yesterday: ‘‘Jobless Rate Dips to Lowest Level in More Than 2 another piece of legislation that barely partisan rhetoric and the class warfare passed. Again, many of us on this side rhetoric that is all too commonplace Years.’’ New York Times. CNN: ‘‘Dow Closes With the Largest Gain Since of the aisle took that lonely road be- today. If we will focus on what the cause we thought it was the right thing problem is rather than the next elec- March 2009.’’ ‘‘Private Sector Jobs Soar. Payroll Forecasts Rise.’’ That is to help move this economy forward. tion, we will have a great deal more Again, the net result is this industry is success in coming together and forging Reuters. The Wall Street Journal: ‘‘On- profiting more in the last several solutions the American people can be line Sales Reached Record $1.25 Billion years. They are producing more jobs proud of and we will actually move our on Cyber Monday.’’ not only in their industry directly but country ahead. On top of that, we had record sales With that, I suggest the absence of a for Thanksgiving weekend—Black Fri- indirectly. And the naysayers on the quorum. day they call it, and Small Business other side rarely bring this up any- The PRESIDING OFFICER. The Saturday. Again, an incredible impact more, because in less than 3 years— clerk will call the roll. for our economy. really, less than 2 years—this industry The legislative clerk proceeded to What this tells me—even though we has turned itself around because of call the roll. get a lot of criticism from the other American ingenuity and with the help Mr. BEGICH. Madam President, I ask side and others who complain maybe and support from the U.S. Government, unanimous consent that the order for we are not doing our job and are frus- and that help and support is being paid the quorum call be rescinded. trated that Washington isn’t working back with interest in the good old The PRESIDING OFFICER. Without as well as it could—and I agree there American way. objection, it is so ordered. are a lot of areas where we are not able So from my perspective, once again, CORDRAY NOMINATION to move forward, such as the appoint- this is a great story, and I commend Mr. BEGICH. Madam President, first, ment I mentioned a few minutes ago— Time magazine for talking about the I want to comment on the Cordray ap- is there are good examples of policies future.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8441 Let me also talk about another one. million people were losing their jobs States—almost all of the States’ fiscal This is from CNBC. I pulled this off be- every single month. So we have now years—total State collections in- cause I like looking at all the business had 21 consecutive months of job creased by $58 billion in that year, or magazines and Web sites every morn- growth in the private sector. That is a 8.4 percent, from the previous year, the ing. I glance through quickly to see great statement for us as an economy, strongest annual gain since 2005. what is happening, what the markets this 21 consecutive months of job What does that mean? That means are doing, what the industry is doing, growth. It is an indication our econ- local economies, State governments, who is investing, what are the new omy is moving. are starting to recover. It is still a businesses, and what is happening out Do we want it to move faster? Of rough road but starting to recover. there. Here is this one: ‘‘U.S. Mortgage course we do. That is what America is Good signs. That means there is more Applications Jumped Last Week.’’ about. We want to see things happen economic activity within their commu- This is the industry that fell apart in right now—today. But this has been nities. It means businesses are replant- the beginning of the great recession— called a great recession. Yet we are ing and redesigning their opportunities the housing industry. A lot of people pulling ourselves out of it. It takes in those communities. People are buy- say that was the main reason the econ- time and it takes good policy. And, ing homes, as I mentioned, which omy collapsed. It was a significant por- yes, it takes some opportunity and means they are paying property taxes, tion of it, no question about it. But let taking a little risk, and we did some of which means those local governments me read this. that here. We made some decisions can hire police and fire and paramedics The Mortgage Bankers Association said its that were tough and were not nec- and teachers. seasonally adjusted index of mortgage appli- essarily very popular at times. Again, I could probably come here cation activity, which includes both refi- I remember many of the calls I re- every day and give this kind of good nancing and home purchase demand, spiked ceived on some of these issues. But news. Because what we all hear—today, 12.8 percent in the week December 2. The what is the end result? That is what we the market is down. I forget what it MBA’s seasonally adjusted index of refi- have to measure by. Leadership is not is—70, 80 points, maybe 100 today—but nancing applications also jumped, gaining about waiting for a poll to tell us what the headlines will be: market crashes 15.3 percent, while the gauge of loan requests for home purchases rose 8.3 percent. is right or wrong or waiting for some- or market dips significantly. one to say, here is the right move be- Here is the reality. Since March of By loan requests, these are people cause your constituency will vote for 2009, the market is up, even with to- who are now saying, I want to think you if you do this thing this way. It is day’s activity, 81 percent. That means about buying a home. I want to pur- about leadership. Sometimes the lead- my son’s 529 account is better today chase today. I want to start examining ership role is tough. It means getting a than it was 3 years ago. That is good what is out there. few trucks running over you a little because that means my wife and I can Here is what the Mortgage Bankers bit, leaving some tire tracks on your afford to make sure he can go to col- Association’s vice president of research back, but the end result is what we lege someday. But it also means retire- and economics said. These are his look for. ment accounts have more resources in words: Today, where we are, we have job them today than they did 21⁄2 or 3 years Applications increased significantly as growth—not as significant as we want ago. It means public pension programs mortgage rates dropped to their lowest levels but job growth. Where were we? Half a and investment retirement programs in about 2 months. million jobs a month disappearing. that invest in these kinds of markets Actually, overall, it is the lowest Let me cite another one. This is a big also are doing better. But, again, the level in decades. But we now measure issue people are concerned about. As a headline will be that the sky is falling things by an eighth of a point. So when former mayor, managing a city, you because that is what people like to do. you are at 4.125 or 4.25, we are now are always looking at the revenues be- They like to prey on fear rather than measuring which is lower overall, but cause the revenues tell you how your opportunity. it is lower for the last several decades. local economy or, if it is State revenue, I think a lot of us on this side be- Incredible. how your State is doing. If you remem- lieved in the opportunity, in the future Let me read another one. This is ber, at the end of 2008, 2009, and begin- of this great country 3 years ago when from Politico, but it is reporting on the ning of 2010, there was incredible con- we sat here and made some tough deci- Bloomberg Global Poll—which they cern about local governments col- sions over the first 18 months in my started doing in 2009 to sort of see lapsing under the debt and deficit term. Tough decisions. But we believed where foreign investors will put their spending and unable to manage. in what was possible. We believed that money. Where will they invest? Where As a matter of fact, the markets were this economy would turn around with a will they take the dollars they have ac- concerned about municipal and State little help from the people who live cumulated or will gather through in- debt and what that might mean. Oddly here, work here, and see the future. vestors and shareholders and so forth? enough—and I wish I had brought that We also knew we had to do a little Where are they going to put their article—it hasn’t panned out as people bit. We had to do something extraor- money? thought. Local governments, State dinary to create the opportunities for More than . . . 41 percent, said they expect governments are doing better than peo- the future of this great country. As I the U.S. will have one of the strongest per- ple anticipated. It is still a tough road, mentioned, private sector jobs in- forming economies in the world in the com- no question about it. We still have fire- creased, the automobile industry bet- ing year—the highest percentage the country fighters, police officers, and teachers ter than ever before, home sales doing has seen since the Bloomberg Global Poll who have been laid off. We tried to pass better than they were 21⁄2 years ago, began in October 2009. a bill here to help that out, but that the market is up by 80 percent—all Here is another one. Today, again didn’t happen because too many on the good news. But we don’t hear a lot of MSNBC. ‘‘Jobless claims drop to 9- other side opposed it. those as the front-page, above-the-fold, month low.’’ But for State and local governments, big, bold headlines because they are . . . jobless claims dropped 23,000 to adhere is the latest State revenue report not sexy. They are not controversial. justed 381,000— by the Nelson A. Rockefeller Institute But that is what is happening. If a lot That is actually below the magical of Government, University at Albany, of us around here had more belief in threshold of 400,000, which people NY: ‘‘Overall Tax Revenues Show the potential, it would be incredible watch. The question is, Will it be con- Strong Growth in Second Quarter.’’ what could happen. sistently under 400,000? We have re- The article speaks to State tax reve- Let me end on this note; that is, we ceived more of these under 400,000 re- nues growing by 10.8 percent in the sec- are in the middle of the debate on con- cently than in the last 3 years. That is ond quarter of 2011. tinuing tax relief for the folks who are a good signal that the economy is mov- As a matter of fact, the year ending working every day, the people I just ing. June 2011—which is the end of a lot of talked about who are buying homes, I know some will say it is not fiscal years for State and local govern- buying cars, paying taxes. We are say- enough. Well, when I came here, half a ments—the period corresponding to 46 ing to them: We want to make sure you

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8442 CONGRESSIONAL RECORD — SENATE December 8, 2011 continue to receive the dollars in your I wish we would have 50 majority ting idea from the bipartisan Simpson- pocket. votes like the rest of this world oper- Bowles Commission that can actually In my State, that is $300 million— ates under. For some reason, this place pass Congress and be signed into law. just in my State, $300 million with the has to have special rules and make it My proposal allows American tax- payroll tax deduction that they get to complicated and hard for anything to payers to hold on to more of their keep for 400,000 Alaskans instead of the get done. But maybe there will be some hard-earned wages while not punishing IRS taking it. I don’t know about you, people who join and want to support the Nation’s job creators as the major- but I think that is a good thing. the American people and support giv- ity proposes. Under my plan, American I know some will say: We have no ing them tax relief and making sure taxpayers will not see a tax increase. proof this works. Well, I just gave their lives are better, especially at this In fact, my plan prevents a tax in- proof. I will give proof every day if nec- time of year with Christmas around crease on those already receiving a essary. Yes, we can’t say this certain the corner. I would love to give them a payroll tax credit. Today, Congress can industry came back because of this one good Christmas gift. I think all of us do the right thing by allowing employ- little item. But I will tell you, if we would. Let’s do it. Let’s do it today. ers to continue to invest in their busi- put $300 million in my State into the Let’s do it for the American people. nesses so they can plan for the future hands of 400,000, Alaskans, a little over Let’s do it for my constituency in Alas- and, of course, hire more workers. $1,000 per person, the net result is they ka, for your constituency, Mr. Presi- I understand that Democrats would are going to spend that money in the dent, and all the rest in this room. prefer to pay for the payroll extension economy. They are going to buy that Mr. President, if there is one thing I by raising taxes on employers. But car, that washing machine, or go on look for, if it makes a difference for treating tax dollars responsibly is ab- that vacation. They are going to spend Alaska, if it is about Alaska, I am solutely necessary if we are going to that money in this economy. Yes, there there. This is not only about Alaska, it see long-term economic growth in this is no fancy report that said this busi- is about this country. It is about the country. In this case, we can extend ness succeeded because we gave them middle class. Not only am I there, I am the payroll tax cut and still pay for it. this special tax break—which we double there, and I hope we find oppor- I also understand that not all Repub- shouldn’t do. We gave to the people of tunity in this Chamber to do the right licans support my plan. To be honest, I this country an incredible opportunity thing. disagree with some of my colleagues to take their money and put it to work. Mr. President, I ask unanimous con- who claim a payroll tax holiday is not Mr. President, 160 million families sent that any time spent during a necessary. I believe that we should will benefit—160 million families will quorum call between now and 2:30 p.m. allow more Americans to hold on to benefit by this action today. People be equally divided. their hard-earned wages. For those who making $50,000 or less will put back The PRESIDING OFFICER (Mr. are already struggling to live within about $1,000 into their pockets again— BLUMENTHAL). Without objection, it is their means, this payroll tax cut will not in the IRS’s pocket but into the so ordered. continue some much needed relief. consumers’ pockets that they will The Senator from Nevada. Today, I am asking my Republican spend. Mr. HELLER. Mr. President, today and Democratic colleagues to come to- Again, I will hear from the other side the Senate will consider my legislation gether and join me to help continue the how bad it is, that there is no proof, again to extend the temporary payroll payroll tax holiday without raising that this may not work. It is working. tax cut. taxes on businesses in America. This They can deny it all they want, but I This week, the Senate has been given will help preserve long-term job growth will continue to lay all the facts down. another opportunity to do the right in the future. It is not me producing this out of some thing and provide much needed relief government document. It is mostly to the American worker. My proposal is a workable solution some very conservative publications It shouldn’t be news to anyone that containing provisions endorsed by both reporting on the good news. Americans are desperate for solutions. the majority and my colleagues in the I hope the folks on the other side— Millions of Americans are unemployed, House of Representatives. This is the and I know we picked up a Republican underemployed, or have simply given only version of the payroll tax cut that from when we had this before. This is a up looking for a job. has the potential to pass Congress and modified, compromised version that In between looking for a job or high- to be signed into law. didn’t pass last week to say: OK, we are er paying employment, Americans are My proposal pays for the payroll tax trying to compromise. But we are busy trying to figure out how to handle cut by reducing government spending keeping it simple and trying to do it in high health care costs, looming bank- where it is no longer needed and re- a way that ensures that middle-class ruptcy, and the threat of foreclosure. quires the richest Americans to pay Americans, and Alaskans whom I rep- As a Senator from Nevada, I under- higher premiums for Medicare. This resent, put more money in their pock- stand how difficult it is, perhaps more will allow us to strengthen and pre- ets, people who are working every day, than any of my other colleagues. My serve Medicare for those Americans making a difference in the economy— State has the unfortunate distinction who rely on the program the most. not people who are just on the top end of leading the Nation in unemploy- This is the same approach endorsed of the cycle. I know that is the great ment, in bankruptcies, and in fore- by Democrats who say the richest debate, and we differ and I differ with closures. I hear from my constituents Americans should do more. Americans several people on the other side. every day on these issues. Nevadans— want solutions. They do not want more I do believe people who make $1 mil- Democrats, Independents, and Repub- partisan bickering. lion or more should pay a little bit licans—are looking to Congress for an- This week Congress has another op- more. I don’t have any heartburn over swers, and they are frustrated that portunity to do the right thing to help that. It is 235,000 people we are talking they are not getting them. hard-working Americans extend the about versus 160 million. That is who I Even with the economic difficulty payroll tax cut holiday. want to put my investment in because Americans across the country are expe- I make calls back to my home State I know those people, who are individ- riencing, Congress appears to be pre- every week. In those calls, I ask Nevad- uals, families, and a significant portion pared to stage a partisan standoff rath- ans if they think their children will of small businesspeople who will con- er than extending a payroll tax cut for have access to a better, brighter future tinue to build this economy. hard-working Americans. I cannot than their own. For the first time in As a matter of fact, the best growth allow this to happen. Americans de- history, a majority of Americans and a period and growth pattern right now is serve solutions. majority of Nevadans believe their small business. They are the ones that The plan I have introduced to extend children will have less opportunity. By are the backbone of this economy. the payroll tax cut is a workable solu- continuing down this path of partisan- Those are the ones that we need to tion that will provide relief for Ameri- ship, Congress is robbing the American help. That is what this bill does. I hope cans responsibly. In fact, the solution I people of the dream for their children. we find the magical success. am proposing today borrows a cost-cut- This needs to stop.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8443 We in this body need to seriously the aisle. So what I did, in working in half. It would give people across the consider the high stakes of the polit- with our leadership and working with country peace of mind in two time pe- ical games that continue to unfold on folks in the Senate, was to refashion riods: The next couple weeks when this Senate floor. American workers the legislation so that we made it they are going out and shopping and need solutions and they need relief smaller. We reduced the cost of the enjoying the holidays. We want people right now. Congress should come to- overall proposal by some $80 billion. to spend as much as they feel they can, gether today, put partisanship aside, We also concentrate on just the ele- and if they know they are going to get and pass meaningful legislation that ment we worked on together last year, $1,000 to $1,500, they can spend more in will benefit all Americans. which was the employee side. this upcoming holiday season. But it is Mr. President, I suggest the absence Here is where we are in this debate especially important for 2012. Why of a quorum. about cutting the employee payroll should taxpayers have to live with a The PRESIDING OFFICER. The taxes. It is down to this question: tax increase because Washington just clerk will call the roll. Should we cut it to 4.2, as we did last didn’t get along and the same old polit- The assistant legislative clerk pro- year, or should we cut it further and ical games were played in Washington ceeded to call the roll. reduce it in half? I believe we should, instead of saying let’s come together in Mr. CASEY. Mr. President, I ask and I think most Americans believe a bipartisan way and extend and ex- unanimous consent that the order for that. pand the payroll tax cut from last the quorum call be rescinded. Here is what it means to folks out year. The PRESIDING OFFICER. Without there. Instead of saying we will con- We have lots to do in the next couple objection, it is so ordered. tinue what we did last year—which days and weeks. But maybe the most Mr. CASEY. Mr. President, I also ask would be about $1,000 per worker, in es- important thing we can do in the next unanimous consent to speak as in sence, per family, on average—if we cut few days is to make sure we cut the morning business. it in half, we can get that number up to payroll tax again. Because this is about The PRESIDING OFFICER. Without $1,500. So it is not just putting money whether we are going to give people objection, it is so ordered. in people’s pockets and continuing to peace of mind as we head into a new Mr. CASEY. Mr. President, I rise this do that for another year, but it is more year and whether we are going to put afternoon to speak about an issue we money. It would go from roughly $1,000 more money in their pockets in order will be voting on today and we have to approximately $1,500. to jump-start the economy, to give the That is where we are. Unfortunately, been discussing and debating now for a economy the jolt we got at the end of we are not yet sure we can get the sup- number of days. We are into our second last year. Last year, we came together week of debate about a cut in the pay- port we need to do that. Here is what it means to Americans. and passed a tax bill and we had aver- roll tax. Just by way of review—and so age job growth from February, March, many Americans have been following It means more money in their pockets, more take-home pay, but it also means and April 2011—those 3 months—aver- this debate—here is where it basically age private sector job growth of just stands between what we did last year that if we don’t, at a minimum, extend the payroll tax cut from last year— about 240,000 jobs. We need another 3- and what we are trying to do this year. month period similar to that. In fact, Last year, as part of a larger tax bill, here is what it means on two issues: GDP—gross domestic product—and we need another 6 or 7 or 8 months we reduced the payroll tax for employ- similar to that. But the only way to ees across the country from 6.2 percent jobs. According to Mark Zandi of Moody’s—someone we have quoted get there is to put in place this payroll to 4.2. So that 2-percent reduction tax cut. meant millions of American families often on both sides of the aisle and relied on his expertise—not extending the I hope when we vote later today, we were able to have about $1,000 in their will get at least 60 votes for this effort pocket of take-home pay they wouldn’t payroll tax at least to the 4.2 level would reduce 2012 growth of real GDP to make sure we are giving Americans have had otherwise absent that action peace of mind and more money in their in the tax bill. What we are trying to in a State such as Pennsylvania, by way of example, by 0.52 percentage pockets. do this year—and I should start with points. That means we are talking With that, I yield the floor and note what I tried to do last week, and we got about gross domestic product or gross the absence of a quorum. 51 votes for this—is to say we should State product, in a sense, in a State The PRESIDING OFFICER. The not only continue or extend that cut in such as Pennsylvania, cutting it in half clerk will call the roll. the payroll tax but we should expand instead of allowing it to grow. So this The bill clerk proceeded to call the it. So instead of saying it should go has a real adverse consequence for roll. from 6.2 to 4.2, we take it down to 3.1. Pennsylvania and for the country if we Mr. BLUMENTHAL. Mr. President, I In essence, what we tried to do last don’t do what we did last year. ask unanimous consent that the order week was cut in half the payroll taxes Of course, if we did more than we did for the quorum call be rescinded. that relate to employees. We wanted to last year, as I think we should and I The PRESIDING OFFICER (Mr. add to that cutting in half the payroll think most people do, we could not SANDERS). Without objection, it is so tax for small businesses, and they only not fall behind, but we could move ordered. would benefit disproportionately. forward dramatically. Mr. BLUMENTHAL. Mr. President, I Thirdly, we wanted to add to that a tax Here is another way to look at it: ask unanimous consent to speak de- credit so that if an employer hired or Jobs. According to Mark Zandi, not ex- spite the expiration of the majority’s increased wages for employees, if an tending the payroll tax cut will cost time. employer expands their payroll in one Pennsylvania 19,700 payroll jobs in the The PRESIDING OFFICER. Is there of several ways, they can get a tax calendar year 2012. For context, in the objection? credit equal to an elimination of the State of Pennsylvania last year, the Without objection, it is so ordered. payroll tax. So instead of the usual 6.2, payroll tax job creation number—or Mr. BLUMENTHAL. Thank you, Mr. you would be down to zero. So the com- payroll jobs added last year—was President. bination of those three would mean we 54,500. So we created last year in a Mr. President, I begin by thanking would be helping employees by cutting State such as Pennsylvania almost my colleagues, many of whom served in their payroll tax in half, helping em- 55,000 jobs. But if we don’t extend the the last Congress. I thank them for ex- ployers by cutting their payroll con- payroll tax cut this year, we are talk- tending the payroll tax cut at that tribution in half, and then have this ing about losing as many as almost time, providing a payroll tax cut from third element as well for employers 20,000 jobs. This is a substantial factor 6.2 percent to 4.2 percent. I thank them who actually hired people or added to in the discussion about our economy. It on behalf of myself. I was not a Mem- their wage base. would have a substantially adverse im- ber of this body at that time. I thank Unfortunately, in the Senate, be- pact if we don’t keep the payroll tax them on behalf of the American people. cause we needed 60 votes and got 51, we cut in place. They are due that thanks and apprecia- knew at that point we couldn’t get As I said before, we should do more tion for that vision and courage in ex- enough support from the other side of than we did last year. We should cut it tending that measure in cutting the

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8444 CONGRESSIONAL RECORD — SENATE December 8, 2011 payroll tax so as to lessen the reces- This bill will be paid for by measures I know you will do the right thing when sion. We have only to listen to the vir- that were coming from the deficit re- the payroll tax cut and increasing the taxes tually unanimous opinion of econo- duction proposals contained in a num- of only the 2nd million and above of wealthy mists to the effect that we saved the ber of the supercommittee’s ideas. It is Americans comes up for a vote. I have faith Nation, this body saved the Nation paid for by fees charged by Fannie Mae in you. With the economy still struggling to re- from a deeper recession. and Freddie and by a proposal sug- cover and millions of Americans struggling Now I ask my colleagues to under- gested by my colleague, the Republican to put food on the table this holiday season, take a similar mission, to accomplish leader. The cost-saving reform sug- we cannot afford to raise taxes on working the same goal, to once again save the gested by him would make millionaires Americans. Nation from a deeper recession. The re- ineligible for unemployment compensa- Those voices from middle-class fami- covery of this Nation’s economy has tion and food stamps. lies are reaching this body every day. been fragile and slow. Many econo- This legislation also levies a sur- We have heard them before. This body mists—notably, Mark Zandi, who has charge, a temporary 10-year surcharge, heeded them last year in enacting this been quoted by my distinguished col- on the highest earners in American so- tax cut. I thank every Member who league from Pennsylvania—say that a ciety, who can well afford it when their voted for it. It was a bipartisan vote. I failure to extend it will mean a new re- own interests would be extraordinarily hope this one will be as well. I will be cession. We are talking about average well served by the consumer demand proud to join Members from both sides Americans, ordinary people who are and economic recovery that would be hurting and struggling. They are hurt- generated. of the aisle, and I hope this measure ing economically and struggling to find I know many of my colleagues, in- will have support—overwhelming sup- jobs. They are struggling to stay in cluding the Presiding Officer, are con- port—from both sides of the aisle in their homes and keep their families to- cerned about the effect on Social Secu- showing the American people we can gether at a time of year when joy and rity, and so am I. The Social Security come together, bridge our differences, satisfaction ought to be the quality of trust fund is a trust, a sacred trust and compromise. their lives. They deserve this measure that we are honor bound to protect. This measure reflects a compromise of peace of mind, as my colleague from And I would not vote for this measure on both sides. I hope it will be passed Pennsylvania, BOB CASEY, has referred if I thought it created a threat, a real later in the day. to it. But all of us—the entire Nation— threat, to the viability of that fund. I yield the floor and suggest the ab- deserve the economic security, which is But I believe the assurance we have re- sence of a quorum. a matter of national security. ceived from the chief actuary of that The PRESIDING OFFICER. The Rescuing this country from con- fund—and it is contained in a letter to clerk will call the roll. tinuing debt and deficit means return- Secretary Geithner and to Jacob Lew, The bill clerk proceeded to call the ing to full employment. Twenty-five it was printed in the CONGRESSIONAL roll. percent of our deficit can be eliminated RECORD yesterday by Senator CASEY, Mr. WHITEHOUSE. Mr. President, I by going back to lower rates of unem- and it assures that the effect would be ask unanimous consent that the order ployment. negligible. In fact, it says the trust for the quorum call be rescinded. Economic recovery is a means to funds would be ‘‘unaffected.’’ It uses The PRESIDING OFFICER. Without countering and curtailing what the that word, and I will quote directly objection, it is so ordered. former Chairman of the Joint Chiefs of from the letter. Mr. WHITEHOUSE. I thank the Staff called a national crisis and a se- We estimate that the projected level of the Chair. curity threat. OASI and DI Trust Funds would be unaffected by enactment of this provision. The PRESIDING OFFICER. Under Economic recovery depends on con- the previous order, the question occurs That letter comes from the chief ac- sumer demand. As I go around the on agreeing to the motion to proceed State of Connecticut, businesspeople tuary of the trust fund, and I am prepared to rely on that assurance and to to S. 1944, which is subject to a 60-af- tell me what they need most is con- firmative-vote threshold. sumer demand. Their confidence and say that I believe this kind of measure is the responsible thing to do at this Mr. WHITEHOUSE. Mr. President, I certainty about the future of the econ- ask for the yeas and nays. omy, their willingness to invest, de- point in our economic history to make The PRESIDING OFFICER. Is there a pends on consumer demand. That kind sure our recovery is continuing. sufficient second? of factor, that need is what ought to The effects of failing to do so: The There is a sufficient second. motivate all of my colleagues—every economists differ whether the rate of Member of this body—to vote for this growth will suffer by .5 percent, which The clerk will call the roll. measure, not only extending that pay- is Mark Zandi; or .66 percent, Goldman The bill clerk called the roll. roll tax cut but also reducing it by 3.1 Sachs; or 1 percent, RBC Capital Mar- Mr. DURBIN. I announce that the percent. kets; or 1.5 percent, Michael Pond. Senator from Massachusetts (Mr. We are talking about anywhere from Whatever the specific percentage, we KERRY) and the Senator from Wis- $1,400 to $1,500 or more in the pockets know it will be grave and serious in the consin (Mr. KOHL) are necessarily ab- of people around the country, people damage to our economy if we fail to ex- sent. around the State of Connecticut. The tend and enlarge the tax cut. The PRESIDING OFFICER (Mrs. average middle-class family in Con- So I urge my colleagues to heed the MCCASKILL). Are there any other Sen- voices they are hearing back home, as necticut earns $83,797 per year and ators in the Chamber desiring to vote? I am hearing from ordinary citizens, would save $1,676 in taxes under the The result was announced—yeas 50, middle-class families. nays 48, as follows: current payroll tax cut. Let me give We are talking about a middle-class you those numbers again. The average family measure that will benefit people [Rollcall Vote No. 224 Leg.] middle-class family in Connecticut like Marilyn in Bloomfield, who writes YEAS—50 earns $83,797 per year—back in their to me: Akaka Franken Nelson (NE) pockets $1,676 in taxes under the cur- I believe these cuts need to remain in ef- Baucus Gillibrand Nelson (FL) rent payroll tax cut as proposed in this fect in order to avoid deepening the recession Begich Hagan Pryor measure. Bennet Harkin Reed we are in. I urge you to support the Presi- Bingaman Inouye We are talking here about a com- dent’s jobs plan and pass as much of it as you Reid Blumenthal Johnson (SD) Rockefeller promise. Our side of the aisle has modi- can in upcoming legislative sessions, for the Boxer Klobuchar Schumer fied this bill to make it about one-third benefit of struggling families. Brown (OH) Landrieu Shaheen Cantwell Lautenberg smaller in size and cost. This legisla- She writes and she says ‘‘to urge you Stabenow Cardin Leahy Tester tion will no longer give employers a to vote in favor of extending the pay- Carper Levin Udall (CO) tax break. We have pulled back on the roll tax cut for workers beyond Dec 31. Casey Lieberman magnitude of this measure. But it will Collins McCaskill Udall (NM) ... ’’ Warner still affect 160 million workers who will Listen to people like Ginny. They are Conrad Menendez Coons Merkley Webb receive nearly $1,500 in additional take- in every one of our States. Ginny, who Durbin Mikulski Whitehouse home pay. is from Southport, CT, writes: Feinstein Murray Wyden

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8445 NAYS—48 The clerk will call the roll. (The remarks of Mr. SANDERS per- Alexander Graham McConnell The legislative clerk called the roll. taining to the introduction of S.J. Res. Ayotte Grassley Moran Mr. DURBIN. I announce that the 33 are located in today’s RECORD under Barrasso Hatch Murkowski Senator from Massachusetts (Mr. Blunt Heller Paul ‘‘Statements on Introduced Bills and Boozman Hoeven Portman KERRY) and the Senator from Wis- Joint Resolutions.’’) Brown (MA) Hutchison Risch consin (Mr. KOHL) are necessarily ab- The PRESIDING OFFICER. The Sen- Burr Inhofe Roberts sent. ator from Florida. Chambliss Isakson Rubio The PRESIDING OFFICER. Are there f Coats Johanns Sanders any other Senators in the Chamber de- Coburn Johnson (WI) Sessions Cochran Kirk Shelby siring to vote? MEDICARE Corker Kyl Snowe The result was announced—yeas 22, Mr. NELSON of Florida. I wish to Cornyn Lee Thune nays 76, as follows: thank the Senator from Tennessee for Crapo Lugar Toomey [Rollcall Vote No. 225 Leg.] DeMint Manchin Vitter his graciousness to make a very few Enzi McCain Wicker YEAS—22 brief remarks. NOT VOTING—2 Ayotte Heller Portman I wish to call to the attention of the Barrasso Hoeven Risch Senate that there are some good things Kerry Kohl Brown (MA) Hutchison Rubio that are happening in Medicare. In the The PRESIDING OFFICER. On this Cochran Lugar Snowe Collins McCain health care bill—which was a very vote, the yeas are 50, the nays are 48. Vitter Crapo McConnell Wicker complicated piece of legislation—there Under the previous order requiring 60 Enzi Murkowski Grassley Paul are a lot of good things. There were votes for the adoption of this motion, some things that are implemented over the motion is rejected. NAYS—76 time, that if mistakes had been made, The Republican leader. Akaka Franken Moran we can correct those mistakes as they f Alexander Gillibrand Murray Baucus Graham Nelson (NE) are starting to be implemented. TEMPORARY TAX HOLIDAY AND Begich Hagan Nelson (FL) I wish to point out some of the salu- GOVERNMENT REDUCTION ACT— Bennet Harkin Pryor tary things that are happening under Bingaman Hatch Reed the new health care reform bill with re- MOTION TO PROCEED Blumenthal Inhofe Reid gard to Medicaid. It was just this week Mr. MCCONNELL. Madam President, Blunt Inouye Roberts Boozman Isakson Rockefeller that the agency that runs Medicare, I move to proceed to S. 1931. Boxer Johanns Sanders the Centers for Medicare and Medicaid The PRESIDING OFFICER. Under Brown (OH) Johnson (SD) the previous order, the motion is now Burr Johnson (WI) Schumer Services, CMS, announced that more Sessions pending. Cantwell Kirk seniors and people with disabilities on Cardin Klobuchar Shaheen Medicare are seeing significantly lower The majority leader. Shelby Carper Kyl costs for important health care because Mr. REID. Madam President, this Casey Landrieu Stabenow will be the last vote of this week. We Chambliss Lautenberg Tester of this new law. will have a couple of votes on Monday Coats Leahy Thune For example, what we are seeing for Coburn Lee Toomey night. I will announce later as much of the first time is that millions of Amer- Conrad Levin Udall (CO) icans on Medicare are now getting free the schedule as I am able to do. Right Coons Lieberman Udall (NM) now, I can’t do that, but I will before Corker Manchin Warner physical exams as part of their preven- Cornyn McCaskill Webb tive medicine. Because of the doughnut the day is out. DeMint Menendez The PRESIDING OFFICER. Under Whitehouse hole, which is that complicated black Durbin Merkley Wyden the previous order, there will be 2 min- Feinstein Mikulski hole senior citizens would fall into when they were getting assistance for utes of debate equally divided. NOT VOTING—2 their prescription drugs, well, lo and The Senator from Pennsylvania. Kerry Kohl Mr. CASEY. Madam President, what behold, that doughnut hole is being is about to happen is we are going to be The PRESIDING OFFICER. On this filled by the Federal Government as- taking a vote on a measure that got 20 vote, the yeas are 22 and the nays are sisting them in paying for those drugs. 76. Under the previous order requiring votes last week—this same vote. I Therefore, they are getting a lot more 60 votes for the adoption of this mo- don’t know what the vote will be of their drugs without having to pay tion, the motion is rejected. today, obviously, but this is an exer- for them. VOTE EXPLANATION For example, Nationwide has over 2.5 cise in futility to vote on this again. ∑ What we should do is cut the payroll Mr. KERRY. Mr. President, I was million people on Medicare who have tax in half for American workers. That necessarily absent for the votes on the saved more than $1.5 billion on their motion to proceed to the Casey Middle is what we have been trying to do. I prescriptions. If we boil that down to Class Tax Cut Act of 2011, S. 1944, and hope we can continue to work together, my State of Florida, we have 172,000 the motion to proceed to the Tem- but we should move beyond this meas- Medicare recipients who save $96 mil- porary Tax Holiday and Government ure that got 20 votes last week and cut lion, which is an average for the senior Reduction Act, S. 1931. If I were able to citizen in Florida of $563 per person per the payroll tax in half for 160 million attend today’s session, I would have American workers. We should do that year. supported the motion to proceed to the In the case of physical exams, we and give people the peace of mind and Casey Middle Class Tax Cut Act of 2011, dollars in their pockets they would not have over 24 million people in the S. 1944, and opposed the motion to pro- country who now have taken advan- have otherwise. ceed to the Temporary Tax Holiday I urge a ‘‘no’’ vote on this motion, tage of having one of these free phys- and Government Reduction Act, S. ical exams in order to help with the and I hope we can continue to work to- 1931.∑ preventive health care aspects that the gether to support the American work- The PRESIDING OFFICER. The ma- er. jority leader is recognized. bill was aimed at. In my State, where The PRESIDING OFFICER. Who there are a lot of senior citizens, close f yields time? to 2 million senior citizens have taken Time is yielded back. MORNING BUSINESS advantage of those physical exams. Under the previous order, the ques- Mr. REID. Madam President, I ask Remember how we were discussing tion is on agreeing to the motion to unanimous consent we proceed now to the doom and gloom of Medicare Ad- proceed to S. 1931, which is subject to a a period for morning business, with vantage? What has happened to Medi- 60-affirmative-vote threshold. Senators allowed to speak for up to 10 care Advantage? We had to change it Mr. CORKER. I ask for the yeas and minutes each until 6 o’clock this because Medicare Advantage before, nays. evening. under the previous law, had a 14-per- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without cent bump over and above Medicare sufficient second? There appears to be objection, it is so ordered. The Senator fee-for-service. The Federal Govern- a sufficient second. from Vermont. ment was going to go broke if we did

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8446 CONGRESSIONAL RECORD — SENATE December 8, 2011 not do something about that. Where I called the owner of the Nashville three of the most hated words in the was that money going? It was going to Boot Company a couple weeks ago. His tax vocabulary in Tennessee. the insurance company because Medi- name is Frank Harwell. He sold boots I said, when Senator ENZI and Sen- care Advantage is a fancy term for online, and he sells them to people who ator DURBIN introduced their bill, that Medicare given through an insurance walk into his store in west Nashville. I believed they had solved the problem company and HMO. When he started the company, almost and that if I were an out-of-State re- What has happened? If we look all all of his boots were sold online. Here tailer or an online retailer, I would across the country at Medicare Advan- is what he says is happening to him begin to make plans to collect sales tax tage, enrollments are up and the pre- today: People come into the store in the same way Main Street collectors miums senior citizens pay are down. Nashville and they try on cowboy collect it today, and many have. For Look at the State of Florida in this boots. They find a pair they like and example, Amazon—which had opposed last year. Enrollment was up by 6 per- then they go home and buy the cowboy for a long time this kind of legislation cent, premiums decreased by about 10 boots online in order to save the State because, in their view, it was too com- percent. What is happening now in sales tax. plicated for them to figure out what 2012? Enrollments are up almost 20 per- They owe the sales tax. Many people the tax might be—changed their mind, cent and the premiums are going down don’t know they owe it. They owe the and said the Enzi-Durbin bill is a good by a whopping 26 percent. That means sales tax as much as if they had bought bill and Amazon now supports it. That more seniors are going to have access the boots at the cowboy boot store in is not all. Mississippi Gov. Haley to higher quality care while paying Nashville. They don’t pay it. Why is Barbour, a strong conservative Repub- less, and it is a win-win-win. It is clear- that? Under the State law, when Frank lican Governor and former chairman of ly a win for the country that we are Harwell sells a pair of cowboy boots in the Republican Governors Association, leveling out all of the excess bumps. It his store in Nashville, he collects the wrote a letter on November 29 which I is clearly a win to the senior citizen sales tax and sends it to the State. wish to quote: and, in the process, the insurance com- But under the law, the Supreme In the early days of the Internet, the com- Court said 20 years ago, the State of plexities of collecting State sales taxes panies are giving better quality care. across thousands of State and local sales tax I wanted to bring this to the atten- Tennessee or the State of Missouri or jurisdictions were major obstacles. The tech- tion of the Senate, and I do thank my the State of Washington could not re- nology simply didn’t exist to expect startups colleague from Tennessee for his gen- quire an out-of-State seller to collect to comply with the various tax compliance erosity in allowing me to make these the same sales tax. They had a reason rules in every part of the country. But today, comments prior to his. for doing so, and it was a good reason. e-commerce has grown, and there is simply I yield the floor. They said it was so complicated to do no longer a compelling reason for govern- The PRESIDING OFFICER. The Sen- that it put a burden on interstate comment to continue giving online retailers special treatment over small businesses who re- ator from Tennessee. merce. But at the same time, the Su- side on the Main Streets across Mississippi f preme Court invited the Congress to fix and the country. the problem. By fixing the problem, MARKETPLACE FAIRNESS ACT Governor Barbour continues: that means the Congress could act in Mr. ALEXANDER. Madam President, The time to level the playing field is now, order to create a fair way for States to as there are no effective barriers to com- we hear a lot about tax breaks and tax require retailers that are out-of-State plying with state sales tax laws. loopholes around the Senate. I wish to to collect the same sales tax retailers Here is what Governor Barbour is talk about a tax loophole, a big one, on Main Street collect. saying: Twenty years ago we didn’t that is on its way out. It is a $23 billion Over that 20 years, the online sales have the kind of software and informa- tax loophole. It is not a loophole in the tax loophole got to be a big loophole. It tion we do today. If I want to know tax code of Washington, DC. It is a subsidizes some businesses at the ex- what the weather is in Maryville, TN, loophole in virtually every State in the pense of others and, as I said earlier, where I live, I put in ‘‘weather’’ and my country. It is a loophole that prefers prefers some taxpayers at the expense ZIP Code, 37886. Under this new bill and some taxpayers over other taxpayers. of others. under the technology that exists today, It subsidizes some businesses over Last week, the Hudson Institute, a States will be required to give out-of- other businesses. Because of that loop- generally conservative organization, State retailers or online retailers the hole, it causes tax rates in States to be released a new report that explains software that will permit them to do higher, and it causes States to have how the subsidizing of out-of-State the same thing. If I order a pair of cow- less money to fund the universities or sellers works and how the Federal Gov- boy boots, they can put in my name, the State parks or the schools or the ernment—those of us in Washington— the cost of the boots, and the ZIP Code, other expenses that are legitimate in are keeping States from closing this and the software will compute the tax the operation of a State. loophole. Hudson concludes that this and even find a way to send it on to the I say it is a tax loophole that is on its online sales tax loophole is distorting State. It will be just as easy, or maybe way out because after 10 years, Senator the marketplace, and I urge my col- even easier, for the out-of-State retail- ENZI of Wyoming and Senator DURBIN leagues to take a serious look at the ers to collect the sales tax that is owed of Illinois have produced a piece of leg- Hudson Institute report. as it will be for a cowboy boots store islation that is rare in Washington, DC. Governors and legislators are up in selling it out of the front door in Nash- It is only 10 pages long. It is very sim- arms because they are being deprived ville. ple. It is a States rights piece of legis- of the right to enforce their own sales The National Governors Association lation that gives each State the right tax law. This is a little different loop- sent a letter last week saying that the to decide for itself how to collect its hole—actually, a little worse one. Usu- Enzi-Durbin bill represents a common- State sales tax from everybody who ally, loopholes are written into the sense approach that will allow States owes it, whether that person buys a law. Those are the kind we are trying to collect taxes they are owed, help pair of cowboy boots in Nashville or to change in our tax reform proposals businesses comply with different State whether that person buys a pair of cow- in Washington. This is a tax that is al- tax laws, and provide fair competition boy boots online. ready owed. This is a tax that is al- between retailers that will benefit con- Senator ENZI and Senator DURBIN in- ready owed that Governors and legisla- sumers. troduced the Marketplace Fairness Act tors want to collect. It is used to pay Last week, the Judiciary Committee 4 weeks ago. It has five Republican for the things States need to pay for or in the House of Representatives held an sponsors and five Democratic sponsors. reduce a tax. In the State of Tennessee, oversight hearing to discuss all three I am one of those sponsors. This is the which has a very high sales tax, if the bills that have been introduced to ad- bill that solves the problem of the on- State was allowed to collect sales tax dress this issue and there was a lot of line sales tax loophole, the one I de- from out-of-State retailers the same good discussion. I wish to share a few scribed a little earlier. I mentioned way it does from Main Street retailers, things that were said and I hope we can cowboy boots. Let me describe what I then we might postpone the day of a have a similar hearing in the Senate am talking about in practical terms. State income tax, which are probably soon.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8447 MIKE PENCE of Indiana, one of the regulations affect two similar businesses thousands of state and local tax jurisdictions leading conservatives in Congress and a completely differently. were major obstacles. The technology simply fellow who knows a tax when he sees As I have said many times before, I didn’t exist to expect startups to comply one, said: believe the Enzi-Durbin legislation with the various tax compliance rules in solves the problem. I believe it is going every part of the country. But today, e-com- I don’t think Congress should be in the merce has grown, and there is simply no business of picking winners and losers. Inac- to happen. I hope that out-of-State longer a compelling reason for government tion by Congress today results in a system sellers and online sellers will move to continue giving online retailers special that does pick winners and losers. ahead to work with States to make treatment over small businesses who reside Congressman PENCE also talked voluntary agreements as, for example, on the Main Streets across Mississippi and about something I want to make sure Amazon has in Tennessee, and begin to the country. The time to level the playing my colleagues understand. The Enzi- allow States to enforce their tax policy field is now, as there are no effective barriers Durbin bill is not talking about taxing properly. to complying with states’ tax laws. the Internet. It is not talking about Our bill is a remarkable feat in Wash- As Governor of Mississippi, I value the im- creating a new tax. As far as the Inter- ington, DC. I have mentioned it before portant role that our Main Street retailers net access tax goes, the Senate debated play in our communities. Failure to level the and I wish to emphasize it again. It is playing field threatens to, and in fact has, that a few years ago. I was in the mid- only 10 pages long. It is only about al- run many of them out of business, taking dle of that debate and I was in the mid- lowing States to make a decision about with them jobs and the sizable contribution dle of the solution that imposed a mor- whether they want to close a tax loop- they make to not just our community cul- atorium on the Internet access tax. hole. It is about stopping the subsidiza- ture, but to the Organizations who have long That law is still there. We are not talk- tion of some taxpayers over others. It benefited from their charitable involvement. ing about an Internet access tax. Nei- is about stopping the subsidization of States should not be deprived of their right ther are we talking about a new tax. some businesses over others. I am glad to establish and collect taxes as they see fit. I’ve stood for lower taxes and smaller gov- We are talking about the plain old others are starting to share this view, State sales tax that already exists. It ernment my entire career in public life, but and as more Senators learn about the I’ve also stood for the authority of states to is very hard to imagine how anyone Marketplace Fairness Act and look at devise their own tax laws without being can say collecting a tax that is already the options it gives each State, I hope overridden by the federal government for no owed is a new tax. and I believe we will have more cospon- existing purpose. Governor Barbour and Congressman sors. Finally, government shouldn’t be picking PENCE are correct; 20 years ago the Ten years ago the bills introduced winners and losers. In this area, at least, the technology didn’t exist. Today it does. weren’t adequate to solve the problem. Marketplace Fairness Act will end that practice, and that’s something conservatives About the only ones complaining are Fortunately, today, Senator ENZI and should be proud to support. the taxpayers and businesses that Senator DURBIN have solved the prob- enjoy being subsidized by other tax- I again applaud you for addressing this im- lem. I agree, Democratic Senators portant issue and I look forward to working payers and other businesses, and that, agree, the chairman of the American with you to end the special treatment for on- in our opinion, is not correct tax pol- Conservative Union agrees, a former line retailers and give everyone the oppor- icy. chairman of the Republican Governors tunity to compete fairly. As Republicans, I believe our party Association agrees, Congressman MIKE Sincerely, should oppose government policies that PENCE agrees: It is a matter of market- HALEY BARBOUR, prefer some taxpayers over others or place fairness. Governor. some businesses over others. As Repub- I ask unanimous consent to have NATIONAL GOVERNORS ASSOCIATION, licans, I believe we should support printed in the RECORD the letter to States rights, and our bill does that by Washington, DC, November 28, 2011. which I referred from Mississippi Gov- Hon. RICHARD DURBIN, giving the State the right to make the ernor Barbour, a letter from the Na- U.S. Senate, Washington, DC. decision about how to collect its own tional Governors Association, and the Hon. TIM JOHNSON, taxes: Do you want to collect taxes National Journal article published last U.S. Senate, Washington, DC. from everybody who owes the tax, or week regarding the House Judiciary Hon. MICHAEL ENZI, do you not want to? Do you want to Committee hearing on this subject. U.S. Senate, Washington, DC. prefer some out-of-State businesses There being no objection, the mate- Hon. LAMAR ALEXANDER, over in-State businesses, or do you not U.S. Senate, Washington, DC. rial was ordered to be printed in the DEAR SENATOR DURBIN, SENATOR ENZI, SEN- want to? Do you want to collect the RECORD, as follows: tax, reduce tax rates, or spend the ATOR JOHNSON AND SENATOR ALEXANDER: The STATE OF MISSISSIPPI, National Governors Association applauds money on services? That is up to the OFFICE OF THE GOVERNOR, your efforts to level the playing field be- States. Jackson, MS, November 29, 2011. tween Main Street retailers and online sell- These sentiments are also shared by Hon. MIKE ENZI, ers by introducing S. 1832, the ‘‘Marketplace the late William F. Buckley and Al U.S. Senate, Russell Senate Office Building, Fairness Act.’’ Cardenas, chairman of the American Washington, DC. As you know, years ago the Supreme Court Conservative Union. Ten years ago Wil- Hon. LAMAR ALEXANDER, opinion in Quill Corp. v. North Dakota stat- liam Buckley, who many people see as Senate, Dirksen Senate Office Building, Wash- ed that Congress has the authority to require the father of the modern conservative ington, DC. out-of-state sellers to collect sales taxes. At present, states are unable to collect more movement, wrote in the National Re- DEAR SENATOR ENZI AND SENATOR ALEX- ANDER: I am writing to congratulate you on than $22 billion in sales taxes annually from view: the introduction of the Marketplace Fairness remote sales made through catalogues or The mattress maker in Connecticut is will- Act and offer my support for its timely pas- over the Internet. This also creates a price ing to compete with the company in Massa- sage. disparity between goods bought from the chusetts, but doesn’t like it if out-of-State Fifteen years ago, when e-commerce was corner store and those bought online, effec- businesses are, in practical terms, sub- still a nascent industry, it made sense to ex- tively giving a continuing and growing subsidized; that’s what the non-tax amounts to. empt startups like Amazon.com from col- sidy to Internet sales. Local concerns are complaining about traffic lecting and remitting sales taxes in states Since the Quill ruling, at least two facts in mattresses and books and records and where they had no facilities. As chairman of have changed: (1) the proliferation of com- computer equipment which, ordered through the Republican Party, I was there when dis- puters to calculate taxes due on sales—just the Internet come in, so to speak, duty free. cussions surrounding the Internet commerce as shipping costs are determined based on That is William F. Buckley. tax moratorium took place, and this was Zip Code—and (2) a state agreement on Then Al Cardenas, the chairman of only to last until e-commerce had truly streamlining and simplifying sales taxes so the American Conservative Union, a taken root. I supported this effort then, be- that it is easier to collect and remit sales distinguished man from Florida, and cause I believed this budding industry needed taxes wherever a company does business. the head of an outfit that is arguably every opportunity to thrive and grow. Look- The Marketplace Fairness Act recognizes these changes and uses them to grant au- as strong and influential as any con- ing back, I think it’s clear we made the right call as America is home to the largest and thority to states that simplify their tax sys- servative organization in Washington, most dynamic e-commerce companies in the tems to make it easier to do business. This said in his recent essay: world. common sense approach will allow states to There is no more glaring example of mis- In the early days of the Internet, the com- collect the taxes they are owed, help busi- guided government power than when taxes or plexities of collecting sales taxes across nesses comply with different state laws, and

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8448 CONGRESSIONAL RECORD — SENATE December 8, 2011 provide fair competition between retailers a select group of immigrant students crimes or those who are a threat to that will benefit consumers. with great potential to contribute to public safety, while it is a low priority NGA looks forward to working with you as America. The DREAM Act would give to deport individuals who have been in you work to enact the Marketplace Fairness these students a chance to become the United States since childhood, like Act and create a more level playing field for all sellers and consumers. legal in America. They came to the those who are eligible for the DREAM Sincerely, United States as children. They have Act. GOVERNOR BILL HASLAM, to be long-term residents of our coun- During hearings this summer on the Tennessee. try, have good moral character, grad- DREAM Act, Homeland Security Sec- GOVERNOR CHRISTINE O. GREGOIRE, uate from high school, and complete 2 retary Janet Napolitano told me and Washington. years of college or military service in my subcommittee that the Department good standing. Those are the basic of Homeland Security would establish [From the National Journal Daily, Nov. 30, a process to implement the Morton 2011] standards we apply. I think if we enacted the DREAM memo. Under this new process, high- STATES TELL CONGRESS ONLINE TAX Act, as I have tried to for many years, priority cases will be expedited, and LOOPHOLE COSTLY it would make America a stronger low-priority cases will be closed in (By Juliana Gruenwald) country, giving these talented young many instances. State officials and some retailers urged immigrants a chance to serve in our Recently, the Department of Home- Congress on Wednesday to finally close a land Security announced the next step loophole that they say benefits online retail- military and make us a stronger na- ers by allowing them to avoid collecting tion. Tens of thousands of highly quali- in the process. Immigration and Cus- sales taxes from out-of-state customers. fied, well-educated young people would toms Enforcement officers and attor- The issue the House Judiciary Committee enlist in the Armed Forces if the neys will receive comprehensive train- examined relates to a 1992 Supreme Court de- DREAM Act becomes law. We have the ing on the new deportation policy. By cision in Quill v. North Dakota that found support of the Department of Defense January, all ICE officers and attorneys catalog and other retailers do not have to and the President. They understand will have the training they need. ICE collect sales taxes from customers in states that these young people could make us attorneys will review all new deporta- where they do not have a physical store or other facility. Since then, online retailers a stronger and safer nation by serving tion cases to identify low-priority have exploited the loophole to the tune of in our military. And they are willing. cases that should not be placed in the billions in lost tax revenue, according to Many of them are willing to risk their immigration court. state officials. lives for this country. A review of the cases currently in im- ‘‘It is estimated that currently in the state Studies have also found that these migration court is also underway. De- of Texas between $600 million and $800 mil- DREAM Act participants could lit- partment of Homeland Security attor- lion is not collected on out-of-state sales. erally build our economy in years to neys will review pending deportation . . . That points out to me the unfair com- come with their talent. cases in Baltimore and Denver to iden- petition that my storefronts are competing Remember, these students we are tify-low priority cases that should be against,’’ Texas state Rep. John Otto, a Re- publican, told the committee. talking about were brought to America removed from the docket. This trial re- Even some tax-averse lawmakers such as as children and as infants. They grew view of new and pending cases will be Rep. Mike Pence, R–Ind., said congressional up here believing they were Americans. completed by mid-January and then action is warranted. They went to class every day, pledged expanded nationwide. ‘‘I don’t think Congress should be in the allegiance to the only flag they knew, Let me commend the President and business of picking winners and losers,’’ and sang the only national anthem his administration for these thoughtful Pence said. ‘‘Inaction by Congress today re- they had ever heard. They are Amer- and humane steps to implement this sults in a system today that does pick win- new deportation policy. ners and losers.’’ ican in their hearts, and they should State calls for congressional action on the not be punished because their parents Today, there are approximately 11 issue got a big boost earlier this month when made a decision to bring them here. million undocumented immigrants in Amazon, after years of battling efforts to ad- These young people are tomorrow’s the United States. It would take bil- dress the loophole, endorsed bipartisan on- doctors, engineers, soldiers, teachers. lions and billions of dollars to deport line-sales-tax legislation introduced by Sens. They are the people with whom we can all of them. It would likely lead to the Michael Enzi, R–Wyo., Dick Durbin, D–Ill., build an America on. We should not collapse of many parts of our economy. and others. That bill would authorize states squander their talent by deporting You can’t go to a hotel or restaurant in that meet certain minimum standards to re- them to countries they may not re- the city of Chicago—I have been told quire online retailers to collect sales taxes from customers even in states where those member at all. this by restaurant owners—and not firms have no facility. A similar bill has Last year, Republican Senator RICH- find at least some place in that estab- been introduced in the House by Reps. Steve ARD LUGAR of Indiana joined me in ask- lishment an undocumented person Womack, R–Ark., and Jackie Speier, D–Calif. ing the Department of Homeland Secu- doing the tough, hard work immigrants Mr. ALEXANDER. Madam President, rity to suspend the deportation of do. I yield the floor, and I note the absence these DREAM Act students. Now, for DHS has to set priorities about which of a quorum. the record, if there is any evidence of people to deport—and not deport— The PRESIDING OFFICER. The wrongdoing by these students, they are using its limited resources. Some of my clerk will call the roll. completely disqualified from this con- Republican colleagues have claimed The assistant legislative clerk pro- versation. We are talking about stu- that this is kind of a backdoor am- ceeded to call the roll. dents of good moral character who are nesty. That could not be further from Mr. DURBIN. Madam President, I ask in the United States basically without the truth. This is simply a temporary unanimous consent that the order for a country. decision not to use limited government the quorum call be rescinded. Earlier this year, Senator LUGAR and resources to deport low-priority indi- The PRESIDING OFFICER (Ms. KLO- I were joined in our request by 21 other viduals who are no threat to the United BUCHAR.) Without objection, it is so or- Senators, including majority leader States of America. Individuals whose dered. HARRY REID, Judiciary Committee cases are closed will not receive any Mr. DURBIN. Madam President, I ask chairman PATRICK LEAHY, and Senator permanent legal status. So there is no unanimous consent to speak as in BOB MENENDEZ, asking that these amnesty involved. morning business. DREAM Act students be given an op- Ironically, some Republican critics of The PRESIDING OFFICER. Without portunity to stay and not be deported. the administration’s new policy called objection, it is so ordered. In response to our letters, John Mor- on the Clinton administration to estab- f ton, the Director of Immigration and lish deportation guidelines—exactly Customs Enforcement, issued a memo what the Obama administration has THE DREAM ACT in June of this year establishing new done here. In response to this request Mr. DURBIN. Madam President, it priorities for deportation. The Morton from some Republicans in Congress, has been 10 years since I introduced the memo says: It is a high priority to de- the Clinton administration established DREAM Act, legislation that will allow port those who have committed serious a policy on prosecutorial discretion.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8449 The Bush administration kept the pol- Imagine the countless numbers of individ- didn’t qualify for it. They have no icy in force from the Clinton years and uals ready to contribute to our society as problems with moral character, and issued several followup memos without law-abiding, successful individuals who live they pose no threat to America. They any criticism from any Republicans in life with a sense of strength and morality. Abraham Lincoln once said, ‘‘I have always would make us a better country if we Congress. The Bush administration found that mercy bears richer fruit than gave them a chance. also stopped deportations of a number strict justice,’’ and this is more true now Minhaz and Jose are not isolated ex- of DREAM Act students, again without than ever. I have a great amount of hope, op- amples. There are literally thousands any criticism from Republican Mem- timism, and belief in this country and that of others like them in this country. We bers. one day we shall see the DREAM Act enacted have a responsibility in the Senate to Let’s be clear. What the Obama ad- into law. give them a chance to let them prove ministration has done in establishing Here is another DREAMer. This is a what they can do for America. this new process for prioritizing depor- photo of Jose Librojo. In 1995, when he I commend the Obama administra- tations is perfectly appropriate and was a child—16 years ago—Jose’s par- tion for its new deportation policies. I legal. Throughout our history, our gov- ents brought him from the Philippines urge the Department of Homeland Se- ernment has had to decide who to pros- to the United States. Shortly after curity to move forward on an expedited ecute and who not to prosecute based they arrived here, Jose’s parents filed basis. As long as young people such as on law enforcement priorities and an application to stay in this country Minhaz Khan and Jose Librojo are fac- available resources. as legal permanent residents. For more ing deportation, work still needs to be I strongly support the administra- than 15 years, their immigration appli- done. tion’s new deportation policy but more cation has been stuck in the courts. It is also clear that this policy is needs to be done to implement this pol- In the meantime, Jose grew up in only a temporary solution. The depor- icy and it needs to be done quickly. America. He graduated from San Fran- tations of many DREAM Act students Many young people who would be eligi- cisco State University with a bach- will be temporarily suspended. Ulti- ble for the DREAM Act are still facing elor’s degree in biology. As a member mately, the responsibility lies with deportation proceedings. Almost every of Alpha Phi Omega National Service Congress and with us to fix these bro- day my office is contacted by DREAM Fraternity, Jose volunteers, working ken immigration laws and give these Act students who are at risk of being with the elderly and young Asian good young people a chance. deported in a matter of hours or days. Americans, among other things. I ask my colleagues to support the Today, let me tell you the story of two Jose has been authorized to work DREAM Act. It is the right thing to do. of these young people. while his immigration case is pending. It will make America a stronger na- Here is a photo of Minhaz Khan. For more than 10 years, he worked as a tion. Eighteen years ago, in 1992, Minhaz registered dental assistant and a dental I yield the floor. Khan’s parents brought him to the laboratory x-ray technician. The den- The PRESIDING OFFICER (Mr. DUR- United States from Bangladesh. At the tist who employs him was so impressed BIN). The Senator from Minnesota. time, he was 4 years old. Today, by his work, he filed papers to sponsor f Minhaz is 22—18 years later—and he Jose for legal permanent residency in has overcome amazing obstacles to the United States. The employer’s peti- THE COLLAPSE OF MF GLOBAL complete his education. In 2009, Minhaz tion was approved, but because of our Ms. KLOBUCHAR. Mr. President, I graduated from the University of Cali- broken immigration laws, Jose has rise today to discuss the collapse of MF fornia Riverside with a bachelor’s de- been placed in deportation proceedings. Global. While its demise hasn’t trig- gree in neuroscience. After all of these years in America—16 gered the sort of economic turmoil we Minhaz sent me a letter, and here is years—and earning a bachelor’s degree saw in 2008, let me assure you it is hav- what he said about his future: in biology, currently working in the ing a devastating impact on the liveli- My dream is to make several contributions health field in dentistry, and one who hoods and savings of many in my to science, and become a physician’s assistant as a career, and eventually a teacher as has done such a good job that his em- State. well. I have great aspirations, but I do not ployer wants to have him here perma- Sadly, the story of MF Global is all dream of big houses or tons of cars. I want nently, he is now facing the prospect of too familiar. It is the story of another normality, stability, and liberty. being deported to a country he cannot overleveraged financial firm that took Today, Minhaz lives in Palo Alto, CA, even remember. on too much risk and did little to dis- with his wife, who is an American cit- Jose was scheduled to be deported close its bets. Once again, the folks izen. Minhaz’s wife has filed an applica- last month, 3 days before Thanks- whom the system was supposed to pro- tion for her husband to become an giving. But the Department of Home- tect have been left holding the short American citizen, but under our broken land Security put his deportation on end of the stick. Three years after the immigration laws he has been placed hold, so he will have a chance to apply U.S. financial system was nearly top- instead in deportation proceedings. for legal status and keep working. pled by this sort of recklessness, it Eighteen years in the United States, a Jose sent me a letter, and this is seems little has changed on Wall bachelor’s degree in neuroscience, as- what he said: Street. piring to become a researcher or teach- I have followed the laws of our system, but Today, Mr. Corzine appeared before er, married to an American citizen, and the logjam in the courts has put me in this the House Agriculture Committee to he is under threat of being deported. untimely predicament. I have lived in the testify on events that led to the bank- U.S. for 16 years, and I consider this country ruptcy of MF Global—the firm he led— What threat is he to America? The as my home. I have always felt like an Amer- threat is losing a person who is tal- ican. I wish to stay, live my dreams, and as well as the whereabouts of roughly ented and can make such a difference build my own family here in the United $1.2 billion in customer funds that rein the lives of so many people. States. I hope that someday the DREAM Act main missing. While taking responsi- Minhaz was scheduled to be deported becomes a reality so that I may continue bility for the collapse of the firm in his last month. Under President Obama’s making contributions to the country I call testimony today, Mr. Corzine chose to new deportation policy, the Depart- home. use much of his testimony defending ment of Homeland Security put his de- I ask my colleagues who are critical the strategy that ultimately led to the portation on hold for 3 months so that of the administration’s deportation firm’s demise and that left many in my his application for legal status can be policy, would America be better off if State with their life savings on the considered. I think that was the right we deported Minhaz or Jose back to line. In regard to the missing customer thing to do. Minhaz grew up in Amer- Bangladesh and the Philippines? I don’t funds, he responded that, as CEO of MF ica, he is married to an American, and think so. These two young men were Global, he wasn’t really in the position he wants to make America a better na- brought here as infants, children. They to know what happened. tion. grew up in our country. They have If executives at MF Global were will- In his letter to me, Minhaz spoke overcome great odds and achieved ing to steer their ship into dangerous about what it would mean to him if the great academic success, without the waters, they should be able to account DREAM Act became law. support of Federal assistance. They for the safety of their customers’ funds

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8450 CONGRESSIONAL RECORD — SENATE December 8, 2011 held in segregated accounts—some- and angry—and they should be angry. numbers always bother us a little bit. I thing considered sacred within these Just 3 years after the 2008 financial col- have put together a couple of pie markets. lapse, and what has changed? How can charts here. This one on the left rep- If anybody still doubts that Wall ordinary folks trust this system? Who resents the spending we are doing; the Street has not learned from its mis- can they trust to protect them? one on the right represents the revenue takes, I would have you talk with the Two weeks after the collapse of MF we are receiving to do the spending. farmers in my State who can’t access Global, it was announced the Com- These are proportionately correct. This their life savings and aren’t sure when modity Futures Trading Commission, is the spending; this is the revenue to or how much of it they will ever get which is leading the investigation into do the spending. Dramatically dif- back. the missing funds, will receive only ferent. The revenues are dramatically Dean Tofteland, from Luverne, MN, a two-thirds of their budget request for lower. town of 4,600 people—his family grows 2012, potentially limiting the agency’s There are a number of pieces to this corn, soybeans, and raises pigs on their ability to do its job at a time when the that I think probably will reveal more. farm in southwest Minnesota. He cur- markets they oversee are expanding ex- The spending, incidentally, is $3.456 rently has over $200,000 in what was ponentially. This is not acceptable. We trillion. We are spending $3.456 trillion. supposed to be a segregated MF Global need to make sure our regulatory agen- We are taking in $2.2 trillion. That is account, which he cannot access and cies aren’t allowing Wall Street bank- $1.3 trillion less than we are spending. which he may never fully recover. He is ers to go down the street in their So we are spending a third more than not a speculator. He invested to reduce Ferraris while those standing up for we are taking in. his risk—locking in prices ahead of the the middle class—those at the agencies How long can you do that? There is growing season so he is protected from that are supposed to regulate them— no end in sight. What is that made up price fluctuations that can eat into his are not following behind in a Model T of? Well, one of the things we worry profits. Ford. about is Medicare, Medicaid, and So- Talk to Dennis Magnuson, a pork We don’t know with certainty what cial Security. I have the revenues rep- producer from Austin, MN, who had a the ongoing investigations into MF resented here for Social Security and substantial amount of money with MF Global will find, but there is little other social insurances, and we are Global that he used to stabilize the doubt Congress has work to do. Already taking in $865 billion a year to support cost of feed for his pigs. Both Senators the CFTC, after our hearing in the Sen- these programs. This piece of the pie is in the Chamber are from States that ate Agriculture Committee last week, what we are having to put out for those have livestock, and they know the cost has come up with some changes they same programs. We are having to put of feed has been escalating. That is are proposing to how these funds can out $1.494 trillion; so $865 billion versus why he vested. He knows the risks— be invested. I think more needs to be $1.494 trillion. price swings, poor crops, bad weather. done. There are also rules of disclosure When we say these programs are These are all part of farming. But his being considered and that were dis- going broke, I think that fact is pretty account at MF Global was supposed to cussed today at a House hearing, as evident. If you don’t make any help manage those risks, not become well as in our Senate Agriculture hear- changes, this kind of spending will one. ing, that need to be changed. These eliminate a program that seniors rely It is not just individual farmers; the changes were made to the CFTC rules on. I used to say when we are spending effects of MF Global’s collapse are rip- in 2000 and in 2005 they loosened the at this rate, we are stealing from our pling through the whole agricultural rules and expanded things. They need grandkids. Now we are to a point where community. to go back to where they once were, we have spent so much, it is no longer Here is a letter from Philip Deal, who where they protected investor savings. our grandkids we are stealing from, it writes: Investor trust in segregated accounts is our kids. And in a matter of months I am the CEO and General Manager of is vital to market confidence and is the the bill could come due. Wheaton-Dumont Co-Op Elevator in Whea- cornerstone of customer protection in Europe is having some difficult fi- ton, MN. the commodity futures market. This nancial times, and they are changing Wheaton is located on the western edge of trust has been breached. I urge my col- the way money is going to be available Minnesota by the North Dakota/South Da- leagues to join me in demanding those to secure the bonds that allow us to do kota border. Our cooperative has approxi- responsible for the MF Global failure this kind of spending. These actions mately 1,200 active members and a total could have widespread implications for membership of more than 5,000. So the MF be held accountable for their actions Global situation affects a great number of and that steps are taken to prevent the United States very soon. We also people here. this from ever happening again. took Social Security money and put it We employ about 115 people, and we are Mr. President, I yield the floor. in a trust fund. I always say, don’t easily the largest nongovernment employer The PRESIDING OFFICER (Ms. KLO- trust the trust funds. What we did is in all of the communities we operate in. BUCHAR). The Senator from Wyoming. put IOUs in a drawer and we spent the Our business uses a Chicago Mercantile Ex- Mr. ENZI. Madam President, I ask money. We are spending some of the change and Minneapolis Grain Exchange to unanimous consent to speak as in money twice. How long can you spend hedge grain purchases and sales. We do not morning business for whatever time I the money twice? speculate. We have always relied on the im- Let us take a look at some of the plied fiduciary responsibility of the Com- might use. modity Futures Trading Commission and the The PRESIDING OFFICER. Without other parts of this pie, because we al- Chicago Mercantile Exchange to safeguard objection, it is so ordered. ways talk about the nondiscretionary our segregated funds. f spending. Well, to cover our discre- The impact to our business has been huge. tionary spending, which includes De- We have been forced to double-margin the SPENDING VERSUS REVENUE fense and all of the nonmandatory missing funds. This has increased our inter- Mr. ENZI. Madam President, I want- items, we are spending $1.349 trillion. est expenses and decreased our ability to buy ed to take this opportunity to share And the income? Individual income tax and sell grain. with you what has been keeping me Simply put, we cannot afford to lose any is paying $899 billion. Corporate income money on this deal. On a local level, the very awake, and I am sure, if I explain it tax pays $191 billion. I bet people future of our business is at stake. On a larger well enough, it will keep you awake as thought there was a lot more corporate level, if segregated funds are lost, market well. Misery loves company. This is tax than that. participants will leave the market, open in- misery that is going to affect your fu- Part of the reason for this corporate terest will decline, and market liquidity will ture, and the Senate has to make some number is that a lot of people have sin- fall. Everyone loses. changes to have a future for this coun- gle proprietorships, partnerships, or Sadly, Philip Deal is correct. The try. small business corporations. If a busi- failure of MF Global has caused mil- For 14 years, I was the only account- ness is in one of those three categories, lions in investor losses, created signifi- ant in the Senate. I have been joined the money their company makes goes cant uncertainty in the markets, and by Senator JOHNSON of Wisconsin, who straight to their tax line, even though has left many in my State confused is an accountant, and these kinds of hardly anybody in business can take

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8451 out all of the money they make. If they expanded to every State in the Nation. of the agencies would be delighted to do not reinvest that money into the Well, if it is that good, it probably have us keep continuing one-twelfth of business, it business would go broke. ought to be expanded to every State in their last year’s allotted spending each So they do not get to take the money the Nation. But with whose money? month this year. That is what we have out, but have to count it through the With what money? We are already been doing, and it’s not getting us any- individual tax code. That goes in this spending more than we are taking in. where. $899 billion of individual income, as op- We can’t do the demonstration pro- I think there ought to be a penalty, posed to the corporate tax of $191 bil- grams on new ideas unless we can which would be reflected in every one lion. There is also an excise tax of $67 eliminate some of the old ideas, which of the budgets. I think every time we billion. These are the kinds of numbers brings up another problem. Another pass a continuing resolution there that have to fund $1.349 trillion of thing we do around here is we say we ought to be a reduction in the amount spending. are going to eliminate this program, spent each month until we get a final We have discretionary spending of and over 10 years it will bring in the $5 resolution. That could be 1 percent or $660 billion and we have military billion needed to fund a new program. 1⁄2 percent or 1⁄4 percent, but there spending of $689 billion. I mentioned Well, that savings is accrued over 10 should be some kind of a reduction if Social Security, Medicare, and Med- years, but the money on the new pro- we are ever going to reduce spending icaid, but besides that we have other gram is going to be spent over 1 year or and pay down our debt. mandatory spending adding another 2 years at the most. That is pretty bad There is another responsibility, and $416 billion in spending. That $416 bil- accounting. That is how you get to a that is for appropriators to figure out lion accounts for the other items we situation where you have the current how to get this spending circle down to have said will definitely be paid no spending level versus the current reve- the size of the revenue circle. This is matter what kind of shape the Federal nues, by using creative accounting to the only part that the Appropriations Government is in. There are all sorts of pay for that new program. Committee has worked on—this little programs included in that tally. Well, you can’t bind a future Con- third of the square that contains dis- This little yellow sliver here, a very gress, so there is no assurance that the cretionary spending. important one, is the interest we have current method of getting the revenue What we are going to have to do now to pay. That is mandatory as well. We will stay around. There is also no as- is come up with some solutions. I have don’t have an option on whether we are surance we won’t use that same pot of some solutions. I am not going to go going to pay the interest on the bonds revenue two or three times. We will into those today, but what I want peo- that we owe. Those interest costs come probably be told this is not the case, ple to do right now is to think about how much we are spending versus the to $197 billion a year and that is at the but I have seen some instances around revenue we have. Every person in lowest interest rate in the history of here where revenue has been spent America needs to be thinking about the United States. What happens when more than once. that goes up? As European countries One of the other problems we have the way the programs they are in- have more trouble trying to sell their around here is that we have too many volved in can be a part of getting the bonds, they are going to have to pay a spending decisions to make. There isn’t spending circle down to the size of the higher rate to be able to sell those a business in the world, with the excep- revenue circle. It is everybody’s responsibility. bonds. When they have to pay a higher tion of a business like Wal-Mart, that What we continually run into are the rate, we will have to pay a higher rate. spends $3.456 billion in a year—1 year. groups—particularly from our States— We are all competing for the same dol- There aren’t many businesses that that come in and say: I have this fan- lars, and there aren’t enough dollars comes close to that. And they have a tastic program and we just need a little out there to fund this kind of an in- bevy of accountants figuring out how increase for inflation because it is such crease in spending each and every year. to make expenditures, cuts, and bal- a phenomenal program. For years, we How do we make up the $1.2 trillion ance the budget for the year. have been able to do that. That is how What we do here in the United States more we are spending than we are tak- the balloon got this big. We are not Senate is an appropriations process. We ing in? It’s a huge difference we aren’t going to be able to do that anymore. coming close to addressing. have broken that process down into 12 What would be helpful is if people I hope people can grasp the difference pieces to make it more manageable, could suggest how, in their program, between spending and revenues. If you but 12 pieces doesn’t cut it. You can’t they could make it better for less look at your own personal budget, your get into the detail for spending the bil- money. It is either going to have to be spending better be lower than your rev- lions. One of those numbers is $689 bil- better for less with a little pain right enues, or at least no greater than the lion. How long would it take to go now, or wait a couple years and have it revenues. We haven’t grasped that con- through the expenditures on $689 bil- worse for less with a lot of pain. cept here yet. We did eliminate ear- lion? We have to trust some of the past We are at a point right now where we marks for the most part, and that spending and some of the past obliga- reduce spending 1 percent for each of 7 helps, but it was still a rather small tions, but we can’t be as conscientious years and get to a balanced budget; amount and we are still adding pro- and detail-oriented as we should be. that is, 1 percent true cuts. That isn’t grams. So what do we do about it? Well, we 1 percent less growth. It is 1 percent Sometimes we add programs as a do omnibus bills. That is where we look true cuts each and every year, and it demonstration project. A group of Sen- at what we spent last year, and we put has to cover the whole circle, not just ators get together and they say, our everything into one package and hurry the discretionary part of the spending five States could do something bene- up and pass it so the government can circle—which is what we usually con- ficial with this new program we have continue to operate. Before that hap- centrate on—and then have some dis- devised, so we will put a little money pens, we might do a series of con- cretionary capability on it. The fact is, in the budget and draw up the criteria tinuing resolutions. We say, we can’t the largest amounts we spend in this so just those five States can receive shut down government because there whole piece of the pie is spent on man- these monies. And the purpose is to see are so many things people need that we datory spending, and it is conversely whether the program is effective. In have already approved—to the tune of funded by a much smaller amount. We my 14 years here, I have rarely seen $3.456 trillion—so we have to keep gov- can’t do that for long. We are going to one of these types of tailored programs ernment operating. What we end up have to propose solutions. that wasn’t effective. I suppose there with is a continuing resolution. Instead we have been in scenario are some I never heard reported on, but A continuing resolution allows a gov- where people come in and say we need I yet to see one that isn’t effective. ernment agency to spend one-twelfth of a little bit more money or don’t cut my This means the following year the what they had the previous year each program; keep it the same size. I ask same group comes back and says, we month until we get a funding agree- for suggestions on how we could keep just had this revelation, this marvelous ment for the remainder of the fiscal this practice going in light of our dis- experiment that happened in our State. year. In 2008, we spent 27 percent less proportionate revenues and expendi- It was spectacular and it ought to be than we spend right now. I think a lot tures. The usual approach is to tell me

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8452 CONGRESSIONAL RECORD — SENATE December 8, 2011 and my fellow senators there are a cou- fund before it can be spent on some- reiterating this definite problem we ple of other programs that we ought to thing else. are in. I have said a number of times eliminate. We are looking at those too. However, when I am talking about our country has maxed out its credit We looked at them in the Health and duplication, the $900 billion worth of cards. Human Services areas, Senator COBURN duplication, I am talking about num- A couple weeks ago during a trip to and I did, and found there was $9 bil- bers that we can go to the Federal Wyoming, I checked into a hotel and I lion of duplication. Do we need duplica- budget and look up. We can find out ex- used my Senate credit card. The lady a tion? I would hope not. Senator COBURN actly how much those programs are few moments later, very embarrassed, got so excited, he did this same study spending. In its duplication, we said: ‘‘I am sorry, but your card is for the entire Federal Government and wouldn’t eliminate all of them, but we being rejected.’’ I said: ‘‘I guess the found $900 billion in duplication. Does ought to be able to eliminate half of Federal Government is in worse trou- that mean a whole lot of other agencies them. Madam President, $450 billion ble than I thought,’’ and used my own were a whole lot less efficient than alone, half of Senator COBURN’s total card and it went through. Health and Human Services? No. It duplication findings, would be a huge We had better be worrying about it means we have duplicative programs in change for this country. now because we do have a problem. We every single agency. I hope we look at some of those ideas have maxed out our credit cards, and We also have financial literacy pro- to cut spending. I have a 15-page speech there are not any other places we can grams in every single agency. If we are that would explain some ways we could go for money. We have been the bastion spending $3.456 trillion and only get- solve this problem, but what I am try- of money for years. ting $2.2 trillion in revenue, is the fi- ing to do is get people to grasp the con- Keep in this in mind. Start thinking nancial literacy in our government cept that our Federal tax receipts, and of ways we can actually make some total revenue, is far outweighed by the working? I don’t think so. cuts and increase some revenues. I When I first got here, there were 119 circle that shows what we are spend- have ideas for both in speeches I’ll give preschool education programs. Pre- ing. As a family, people know they in the future. We are in a crisis. It will school is important. The start children can’t budget this way. As a govern- be a more immediate crisis any time ment, we can’t do it for very long, even get from when they are first born until and we are no longer spending our if we print our own money. Somehow they go to school makes a huge dif- grandkids’ money; we are spending our we are going to have to shrink the ference in their growth and develop- kids’ money, and it is about to come spending circle down until it is that ment for the rest of their lives. How- due on us. When I say ‘‘on us,’’ I am size or grow the revenue circle until it ever, we had 119 programs and once we even including myself and the seniors is—they are comparable in size, or a in that count. The day of reckoning is took a closer look, we found many of combination of the two. As I said, I them, according to their own evalua- not far away. will give some other speeches to out- I yield the floor, and I suggest the ab- tion, were failing. We now have that line some of my other ideas. In the number down to 69 programs. Do you sence of a quorum. meantime, I hope everybody will take The PRESIDING OFFICER. The know why we can’t go below 69? My ju- a look at the chart I have shown today. risdiction as Ranking Member of the clerk will call the roll. We can’t look at it and say don’t The legislative clerk proceeded to Health, Education, Labor, and Pen- touch Medicare, Medicaid, and Social call the roll. sions Committee is over the Depart- 1 Security, we can’t have $ ⁄2 trillion of Mr. LAUTENBERG. Madam Presi- ment of Education, which only has 8 extra expenditure spending in that cat- dent, I ask unanimous consent that the programs—8 of 69 preschool programs. egory alone for long. There is another order for the quorum call be rescinded. The Department of Agriculture has the $416 trillion in mandatory spending in The PRESIDING OFFICER. Without most preschool programs. that same category. How long can we objection, it is so ordered. That’s why, when Senator COBURN is keep spending at this rate? What hap- Mr. LAUTENBERG. I ask to speak as talking about duplication and looking pens if interest rates go up? This piece if in morning business. at the complete picture of everything of the spending pie can become much The PRESIDING OFFICER. Without the Federal Government does, there is bigger and probably will. I don’t know objection, it is so ordered. duplication in each and every agency. how long we can keep interest rates as f What we are going to have to do is pick low rate as they are now. If they go up, out those that operate with the most it will help some seniors because they FUTURE OF AMERICA efficiency and results, give them a lit- have some investments in cash that Mr. LAUTENBERG. Mr. President, tle more funding and eliminate the would get higher interest rates, but for we are here now deciding what kind of other duplicative programs. Getting rid the country as a whole, rising interest a country America might be in the fu- of duplication is a surer way of solving rates that already make up 6 percent of ture—whether it will be a place we can the problem than some of the other our budget will only be more cause for look back at and remember when ev- ways that have been talked about. worry. When that one expands above erybody had a chance at success. One other avenue we keep talking the 1 percent we are spending right It is hard to believe that when we about is waste, fraud, and abuse. Yes, now—and it is going to expand in the look at the vote we just had. It con- there is waste, fraud, and abuse. We next couple of years because of what is firmed where the Republicans are on need everybody in America to help us happening in Europe—we had better be the issue of whether middle-class fami- find that waste, fraud, and abuse, but worried about it. lies should get a tax break. The Repub- in reality, the total cost of waste, This is the kind of picture shown by lican answer, was no. The answer they fraud, and abuse is a rather elusive the deficit commission that Erskine gave on the middle-class families tax number. Does anybody know how big Bowles and Alan Simpson chaired. I break was: Absolutely no. No, no, no. that is? Everybody is guessing. It is was hoping we would repaint this pic- To the struggling single parent who only a guess how much there is. We ture a number of times between the wants to provide for their family, need to find it, and we need to be tak- time they released their report 1 year works hard every day, the Republicans ing the money from eliminating these ago and now, because we have to get said no way. To the recent college actions before we spend it. America to understand. Actually, I can graduate trying to start a career but We will sometimes attempt to use tell you the people in my State under- having trouble paying back college the waste, fraud, and abuse numbers as stand this. I don’t need to explain it to loans, paying rent, paying living costs, the pay-for for a new program. We them. They know how much more we the Republicans said no. To the work- aren’t able to spend that money until are spending versus what we are taking ing couple, a family with a couple of we actually have it, but what happens in. They can even tell you the num- kids who needs some help in this tough it is used as pay-for and the program bers. They are concerned, and they economy, the Republicans said no. No, goes into effect, but nobody follows up need to be concerned. We all need to be no, no. The Republicans refuse to help to go out and dig up that waste, fraud, concerned. them because their mission is to shield and abuse. Instead, the waste, fraud, I am open to suggestions on this. I the wealthy from paying their fair and abuse money ought to go into a will have some speeches I’ll give later share of our country’s obligations.

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Are we going to plan calls for a much smaller middle- because my country invested in me, be simply a big accounting firm, sim- class tax break, which they would have and I’m willing to invest more in my ply doing the auditing, or are we going paid for by laying off 200,000 middle- country today to help the next genera- to be there to stimulate activity for class government workers. That is how tion. people, to give them a chance to ele- they would solve the problem—fire peo- That company I helped start with vate their living standards for their ple. Don’t take it out of your bank ac- two other fellows has 45,000 employees family, to get their kids educated, and count, don’t take it out of your sal- today; 45,000 people are working at take care of the family necessities? ary—even if you make over $1 million a ADP, the company I helped start, be- Right now, 14 million Americans are year—fire people. That will make sure cause we had a chance at an education jobless, and they are worried about they understand we are not as con- and to learn what we had to do to be in how they are going to stay in their cerned about them as we are about the management, what we had to do to be homes, feed their children, and keep person who makes over $1 million a in leadership. their families warm this winter. But year. Our goal should not be to protect unemployed Americans are not the It was a cynical ploy. It showed the millionaires and billionaires who don’t only people who are struggling. Hard- other side’s true stripes. The Repub- need our help. We should focus on the working Americans from all walks of licans say they are for lower taxes, but foundation that our society requires to life are struggling to make ends meet. we now see that only goes for the jet function. We should be focused on pro- They are coping with skyrocketing set. Their tax-cutting zeal doesn’t ex- tecting Medicare, food safety, Head grocery prices, surging health pretend to the middle class. Republican Start. miums, soaring college tuition. priorities? Raise taxes on middle-class Imagine, they want to take seats In my home State, 1 in 10 New families. Middle-class families do not away from Head Start Programs. I vis- Jerseyans is on food stamps, the high- have it easy in America today. Repub- ited a Head Start Program in New Jer- est level in more than a decade. New licans want to raise their taxes to pro- sey just a few weeks ago, and I saw the Jersey has traditionally been among tect the luxuries for the millionaires. children. They were 3, 4, 5 years old. the top States per capita income in the Make no mistake. Working families They were interested in learning some- country, within the top three, often in will suffer if the Republicans continue thing. I talked to them, and I wanted— the first position. one of the little kids came over and On this side of the aisle, we are try- to block our efforts to extend and ex- hugged me around the knees. I wanted ing to help struggling families. I pand the payroll tax cut, and so will to pick him up and take him home. He learned the hard way about family our economy. Last week, Barclays was so beautiful, so nice. I thought: struggles when I was growing up. My Bank warned that our GDP will drop Here is a child, learning. He came from father took ill with cancer when he was 1.5 percent if the payroll tax cut is al- a single-parent family. 42; I was 18. My mother, when my fa- lowed to expire. The people who need help—we should ther died, was 37 years old. We had all The choice is clear. We can continue be focusing on protecting them and kinds of obligations to pay. My mother the payroll tax cut for working fami- giving them a chance to grow. We took over the family leadership. We lies or we can allow the Republicans to should be about making sure they have owed money for the pharmacy, for hos- continue running their millionaires’ proper Medicare, that food safety is pitals, for doctors. We were virtually protection ring. The fact is, American taken care of. Head Start, home heat- bankrupt. I had enlisted in the Army. millionaires are doing just fine. They Next week, it will be 69 years ago that don’t need protection from the Repub- ing for the poor, and other essential I enlisted in the Army, in December of licans. Since the 1980s, our country’s programs—we should be protecting 1942. wealthiest 1 percent have seen their av- them from reckless cuts. I know how tough it was and how erage household income increase by 55 The Republicans who served on the much aggravation accompanies a fam- percent. But for the bottom 90 percent, supercommittee refused, before the ne- ily who just cannot keep their heads average household income has not in- gotiations were started—refused to ask above water. creased at all. wealthy Americans to pay their fair Here we are, in a day of some incred- As we see here, even though incomes share. They practically took an oath ible wealth around this country— are growing for the very wealthy, their that they would demand nothing more around this room—and Republicans are taxes are actually going down. of the wealthy, when the country is trying to thwart our efforts to extend We can also look at CEOs to see how deeply in debt, starving for a better and expand the payroll tax cut for well the wealthy are faring. CEOs at way to solve our problems. working families—for people who de- the largest companies are now paid an As a result, the poor and the middle pend upon their incomes to take care average salary of $11 million a year. class are going to have to make up the of their family needs; not on their sav- That is 343 times as much as the aver- difference. These are the people who ings, not on their inheritance, on their age worker’s salary of $33,000. need help the most right now. We must jobs. It used to be a much more modest act now to protect the vital programs Millions of American families have comparison. In 1980, CEOs made 42 on which they rely. If we fail to act, benefitted from this tax cut that we times the average worker’s pay. Just our country and our economy will con- have had this year, but it stands to ex- look at that. Just a few decades ago tinue to suffer—especially Americans pire at the end of December. Our side is the pay was much more reasonable, who are already struggling. It is just eager to continue this tax cut and in- and the people who were working in plain heartless to continue asking the crease the size of that cut to help these the mills and making products and poor, the middle class, the elderly, and families. In my State, this means a doing the service jobs and all of that our children to bear the entire burden typical family would receive a total were living significantly better than of these brutal economic times. tax cut of $2,100 next year. For parents they are today. It does not hurt any of us who have who are trying to feed their families, Millionaires are making much more been successful to pay a fair share. It educate their kids, pay their bills, an money today than they did in those might cost a few dollars more, but if extra $2,100 goes a long way. To make years past. This is something I know you are making over $1 million a year, sure that all working families receive something about directly. I was the look in the mirror and see if you have this much needed relief next year, we president of a very large company done it all by yourself or whether it are asking America’s millionaires to when I came to the Senate. And you took the help of your country to get pay their fair share, but the Repub- know how I got there: I had a boost there. There is a whole cadre of people licans would rather protect their from our country. I had enlisted in the working across America—they go to wealthy friends than continue the pay- Army, and I served in Europe. I got the work every day because they want to roll tax cut for working families. GI bill. I went to Columbia University. make a week’s pay and take care of

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8454 CONGRESSIONAL RECORD — SENATE December 8, 2011 their kids and take care of their obliga- EXECUTIVE SESSION Harry Reid, John F. Kerry, Barbara tions. That is the foundation that built Boxer, Patrick J. Leahy, Patty Mur- ray, Richard J. Durbin, Kent Conrad, America. It is the foundation of the de- John D. Rockefeller IV, Jeff Bingaman, velopment of something that was NOMINATION OF NORMAN L. EISEN TO BE AMBASSADOR EXTRAOR- Tim Johnson, Robert Menendez, Daniel called the ‘‘greatest generation.’’ K. Inouye, Max Baucus, Charles E. DINARY AND PLENIPOTENTIARY Schumer, Mark Udall, Michael F. Ben- That was the generation in the last OF THE UNITED STATES OF net, Al Franken. century who served in World War II. AMERICA TO THE CZECH REPUB- Mr. REID. Madam President, I ask LIC All of us had an opportunity to get a unanimous consent the mandatory college education when we otherwise quorum under rule XXII be waived in would not have been near a college. NOMINATION OF MARI CARMEN each instance; that on Monday, Decem- That built our country. That APONTE TO BE AMBASSADOR ber 12, at 4:30 p.m., the Senate proceed strengthened our foundation. Now we EXTRAORDINARY AND PLENI- to executive session to consider the fol- see people, Republicans, who want to POTENTIARY OF THE UNITED lowing nominations concurrently: Cal- make it tougher for people to make a STATES OF AMERICA TO THE endar No. 360 and Calendar No. 501; that there be 1 hour of debate, equally living, tougher for people to get an REPUBLIC OF EL SALVADOR divided, in the usual form; that upon education, tougher to provide heat for Mr. REID. Madam President, I ask the use or yielding back of that time, people who desperately need it in the unanimous consent that we now pro- the Senate proceed without inter- wintertime, tougher to think ahead ceed to executive session to consider viewing action or debate to vote on and say: You know what. I know my Calendar Nos. 360 and 501, and I send Calendar No. 360; and that if cloture is children will do better than I have done two cloture motions to the desk. invoked, the Senate immediately vote in my life. The PRESIDING OFFICER. Without on confirmation of the nomination, and objection, it is so ordered. The clerk following disposition of Calendar No. That used to be a truism in our view will report the nominations. of life in this country. We don’t hear 360, the Senate proceed to vote on clo- The assistant legislative clerk read ture on Calendar No. 501; further, that that much anymore because people are the nomination of Norman L. Eisen, of if cloture is not invoked on Calendar unsure, and it does not help to have the the District of Columbia, to be Ambas- No. 360, the Senate proceed to vote on Republicans sticking up for the sador Extraordinary and Pleni- cloture on Calendar No. 501; that any wealthiest among us and turning their potentiary of the United States of statements be printed in the RECORD, backs on working-class families in this America to the Czech Republic. and the President be immediately noti- country, the middle-class families. It is CLOTURE MOTION fied of the Senate’s action and the Sen- not right. The PRESIDING OFFICER. The clo- ate then resume legislative session. ture motion having been presented I hope the people across this country The PRESIDING OFFICER. Without under rule XXII, the Chair directs the objection, it is so ordered. will say: No. We are going to say no to clerk to read the motion. f these Republican policies. I hope our The assistant legislative clerk read Republican colleagues will disband as follows: LEGISLATIVE SESSION their millionaires’ protection game, CLOTURE MOTION The PRESIDING OFFICER. The Sen- stop standing in the way, and start We, the undersigned Senators, in accord- ate will resume legislative session. standing up for everyday Americans ance with the provisions of rule XXII of the f who need our help. Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- TRIBUTE TO JACOB’S TREE Help us continue the payroll tax cut nation of Norman L. Eisen, of the District of for working families. Help us protect Columbia, to be Ambassador Extraordinary Mr. MCCONNELL. Madam President, the programs that benefit the people and Plenipotentiary of the United States of I rise today to extend my personal who need them most. Help us, friends America to the Czech Republic: blessing this holiday season to the fam- Harry Reid, Barbara Boxer, Patrick J. ily of Jacob Akin of Somerset, Ken- on the Republican side, to make Amer- Leahy, Patty Murray, Richard J. Dur- tucky. This year, the town of Somerset ica even stronger than it is today. We bin, Kent Conrad, John D. Rockefeller has graciously chosen to honor the can do that. IV, Jeff Bingaman, Tim Johnson, Dan- Akin family by accepting their dona- iel K. Inouye, Debbie Stabenow, Robert tion of a 20-foot cherry spruce tree to Countries are failing all over the P. Casey, Jr., Max Baucus, Charles E. globe. America need not to do that. We Schumer, John F. Kerry, Mark Udall, be displayed in the town’s Fountain just have to make sure that while we Michael F. Bennet. Square as the county Christmas tree. take care of our expenses, we also The assistant legislative clerk read More important, however, is the sol- make sure we have the revenues to do the nomination of Mari Carmen emn but heart-warming story of the tree’s origin, and the inspiration it the job. Aponte, of the District of Columbia, to brings to the people of the community. I yield the floor. be Ambassador Extraordinary and Plenipotentiary of the United States of The tree, known as ‘‘Jacob’s Tree,’’ I suggest the absence of a quorum. America to the Republic of El Sal- was planted in remembrance of Jacob vador. Akin, who was tragically killed in a The PRESIDING OFFICER (Mr. terrible accident on December 6, 1994. FRANKEN). The clerk will call the roll. CLOTURE MOTION Five-year-old Jacob was playing with The assistant legislative clerk pro- The PRESIDING OFFICER. The clo- his older brother, Abraham, in a house ceeded to call the roll. ture motion having been presented when a chimney unexpectedly col- under rule XXII, the Chair directs the Mr. REID. Madam President, I ask lapsed on top of him. Thus, the holiday clerk to read the motion. season each year is especially burden- unanimous consent that the order for The assistant legislative clerk read some for his family, as it serves as a the quorum call be rescinded. as follows: constant reminder of the horrific acci- The PRESIDING OFFICER (Mrs. CLOTURE MOTION dent that took place 17 years ago. SHAHEEN). Without objection, it is so We, the undersigned Senators, in accord- A year after his death, his family de- ordered. ance with the provisions of rule XXII of the cided to plant a tree to honor young Standing Rules of the Senate, do hereby Jacob. Over the years, the tree has move to bring to a close debate on the nomi- helped bring comfort and peace to the nation of Mari Carmen Aponte, of the Dis- trict of Columbia, to be Ambassador Ex- family. ‘‘We decided to put up the tree traordinary and Plenipotentiary of the in memory of my son,’’ Jacob’s mother, United States of America to the Republic of Rebecca Buis, says. ‘‘I felt like as the El Salvador: tree grew, I could keep up with the

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8455 years and somehow see how my son ‘‘(The father, David Akin) did construction Much as the tree reached its adult size, might have grown. It’s kind of a re- work,’’ said Buis. ‘‘This wasn’t anything that Jacob would have been 22 years old this year. minder, and it helps with the grieving was new to (the children). They were used to However, his legacy has managed to live on playing around that kind of stuff.’’ in other ways as well. process to plant something in memory This time, however, was different. After Jacob’s death, Buis decided to donate of someone you love.’’ After Abraham exited the structure to ask his corneas and heart valves to help save the Almost two decades later, Jacob’s his father a question, a chimney crumbled lives of other individuals. ‘‘(Christmas) is a spirit remains ever-present in the mag- and collapsed on top of young Jacob. time of giving,’’ she said, noting that Jacob’s nificent 20-foot cherry spruce tree that A parent’s worst nightmare had come to untimely passing was able to give hope to Rebecca hopes will bring a joyful light pass—and during the holiday season meant others. to the community on Fountain Square. to be a happy time for families. ‘‘I received letters telling me that one of The memories remain painful to this day. Jacob’s corneas went to a child who was born ‘‘Over the years, it just grew and ‘‘They couldn’t find my son underneath the with a birth defect, and another went to an grew,’’ she says. ‘‘It’s a beautiful, well- bricks,’’ recalled Buis, who still finds herself older man in his 60s with an eye injury from rounded tree and would make a won- overcome with emotion when talking about a work accident,’’ said Buis. ‘‘His heart derful Christmas tree.’’ the incident. ‘‘They had to pull them off valves also went to adults. I didn’t realize On December 3, Jacob’s Tree was brick by brick until they found him.’’ how important heart valves were to people scheduled to be lit for the first time in According to then-county coroner Alan who need them (until then).’’ Stringer, Jacob died of multiple skull frac- Fountain Square in a special tree- ‘‘It’s a hard decision to make because you tures as a result of the toppled bricks. Buis have to make it quickly,’’ she added, refer- lighting ceremony during this year’s noted that Jacob’s neck was broken imme- ring to the decision to donate Jacob’s or- annual Christmas parade. In the spirit diately, which meant that death came quick- gans. ‘‘You can’t think about it for days. of the season, Jacob’s family hopes ly. This and the fact that Abraham survived You have to know at the time of death, and that the community will come to- provided the only sources of solace in that it’s a very hard time.’’ gether around the tree and share in its terrible time. Just as Jacob’s body was donated to bring joy. ‘‘Christmas is a time of giving,’’ ‘‘My worry was that he suffered, and they a new light of hope to those in need, his spir- told me he had not,’’ said Buis. ‘‘ I’m lucky Rebecca said. it remains in the tree that has now been do- in the sense that I felt like God could have nated to bring a similarly joyful light to the The story of Jacob’s Tree and the taken both my boys that day, playing in the community. selflessness of the Akin family is truly house together. I could have lost them ‘‘It’s a beautiful tree,’’ said Buis. ‘‘It’s inspirational. I would like to extend both.’’ well-rounded and would make a wonderful my personal blessing to Jacob’s moth- Still, the holiday season was unalterably Christmas tree.’’ er, Rebecca Buis, his father, David affected for Buis and her family. Citizens can see ‘‘Jacob’s Tree’’ lit for the Akin, and his brother, Abraham Akin, ‘‘I wasn’t able to focus on Christmas at first time on December 3. The annual Christ- all,’’ said Buis. ‘‘We didn’t put up a tree that this holiday season. And I ask my Sen- mas parade, sponsored and organized by the year.’’ Chamber of Commerce, begins at 5 p.m. with ate colleagues to join me in wishing For one thing, Buis felt like she had to the tree lighting activities set for 7 p.m. the family a very Merry Christmas and stay strong for her other son’s sake. The ne- As a Chamber Ambassador, Buis is looking a Happy New Year. It is my hope that cessity of putting on a brave face took its forward to the yearly festivities that are so the tree brings them comfort, and that own toll on the devastated mother. beloved by locals—but especially since she it shine especially bright in honor of ‘‘You have to carry on because you have will get to see that special memorial to her young Jacob. two children,’’ she said. ‘‘Kids grieve dif- son shining in all its glory. ferently. It’s not an easy thing to deal with; ‘‘I just hope that (those who see it) will The Commonwealth Journal, a Som- kids don’t usually tell you, but they feel re- enjoy the tree and that it will be beautifully erset-area publication, recently pub- sponsible. I tried hard not to show grief be- decorated,’’ said Buis. ‘‘I hope that people lished an article telling the story of Ja- cause I didn’t want (Abraham) to feel respon- will get a warm feeling from the tree, and cob’s Tree. I ask unanimous consent sible. Nobody could have done anything. It know that it’s given in a good spirit.’’ that the full article be printed in the was a freak accident.’’ f RECORD. Buis recalls Jacob, in kindergarten at Hop- There being no objection, the article kins Elementary at the time, as ‘‘a funny lit- COMPUTER SCIENCE EDUCATION tle young man,’’ as well as one who was both WEEK was ordered to be printed in the handsome and intelligent. RECORD as follows: ‘‘He was a very smart young man,’’ she Mr. CASEY. Mr. President, I rise [From the Commonwealth Journal, Nov. said. ‘‘He understood lots of things, I think.’’ today to speak about Computer 25, 2011] The calendar pages turned, and soon Science Education Week, which began ‘JACOB’S TREE’ WILL WARM THE SPIRIT THIS enough, it was the Christmas season again. on December 4, 2011, and continues SEASON Buis decided it would be appropriate to pay until December 10, 2011. This celebra- (By Chris Harris) some kind of tribute to Jacob, and decided to tion includes events in my home State plant the household Christmas tree, only The Christmas season is seen as a time of of Pennsylvania that advance the about five feet tall at the time, in the ground miracles, a time of redemption for mankind. outside their home. teaching and learning of computer This year, one of Somerset’s proudest sym- ‘‘We decided to put up the tree in memory science. These activities help to engage bols of the Christmas tradition will be its of my son,’’ she said. ‘‘I felt like as the tree students and build their interest in a own miracle of sorts—a chance to redeem joy grew, I could keep up with the years and field that promises good jobs in a rap- and light out of the clouds of tragedy. somehow see how my son might have grown. idly expanding sector. The week also The Christmas tree in the town’s Fountain Every time I would pull in the driveway, I Square is scheduled to be lit in a special draws attention to the critical need for would see the tree.’’ strong computer science education in ceremony on Saturday, December 3, as is the ‘‘It’s kind of a reminder,’’ she added. ‘‘It annual custom. helps with the grieving process to plant our schools. This year’s tree comes from the yard of Re- something in memory of someone you love.’’ E-mails, text messages, financial becca Buis, known to local bank customers Today, the majestic tree stands about 20 transactions, cell phone calls and doc- as a branch manager and loan officer at First feet tall. It’s ‘‘reached its potential,’’ as Buis tor’s visits are just a few of the activi- & Farmers National Bank in Somerset. put it, and has ‘‘overgrown the place.’’ ties that rely on computer science. In Anyone who has driven down Denham As such, Buis decided it might be the per- the last 20 years, we have undergone a Street lately has probably noticed the tow- fect time to inquire about donating ‘‘Jacob’s technological revolution that has ering cherry spruce standing out with its Tree,’’ as it’s called, to use on the Fountain bold green hue, even as the trees around it Square as the county’s official Christmas transformed industry, created entirely have shed their leaves and stand bare and tree. County officials happily obliged. new segments of the economy, and bland. ‘‘Over the years, it just grew and grew,’’ transformed our daily lives. Pennsylva- The tree was planted around the holiday said Buis. ‘‘I’d been thinking for some time nia’s high-tech industry has played a season of 1995—one year after a horrific acci- about (donating it), and just decided, ‘You crucial role in this growth, and we dent that changed Buis’s life forever. know, it’s time to cut the tree down.’ ’’ must prepare the next generation to On December 6, 1994, Jacob Akin, Buis’s 5- Buis said she also took Abraham’s feelings continue innovating. The events of year-old son, was killed in what his mother into consideration. Now 27, still in Pulaski can only call a ‘‘freak accident.’’ County working in construction, Abraham Computer Science Education Week Jacob and his brother Abraham, who was ‘‘thinks it’s a good idea,’’ according to Buis, help to build momentum for students 10 at the time, were playing in a house on but she wanted to make sure he was okay to learn computer science. Newton Street in Ferguson that their father with the choice to donate the tree given the In Pittsburgh, Carnegie Mellon Uni- was in the process of razing. effect Jacob’s death had on him as well. versity, which boasts one of the best

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8456 CONGRESSIONAL RECORD — SENATE December 8, 2011 computer science and informatics pro- Upon enactment, Californians will be process to assess both the applicants’ grams in the country, will host high able to continue buying Hoover Dam’s power needs and the classes of cus- school students and expose them to the power at the cost of production for the tomers they serve. multitude of academic and professional next 50 years. The agency should make allocation opportunities in computer science. At The legislation allows the people of determinations in an impartial, unbi- Emmaus High School in Emmaus, southern California whose local gov- ased, and objective manner, consistent young people will demonstrate pro- ernments and utilities signed the 50- with State and Federal preference grammable robots and hear from alum- year contracts that made building Hoo- standards, and in a way that provides ni who have successfully pursued ca- ver Dam possible to receive 56 percent the most benefit to the most Califor- reers in computer science, all while of the energy produced by the dam for nians. honoring computing pioneer Grace another five decades. My colleagues and I also expect that Hopper with a birthday cake. Even the For the people of my State, the Hoo- the process and analytical results will White House is celebrating Computer ver Dam has been a consistent supply be documented and made available for Science Education Week by honoring of affordable, pollution-free power for review. the week’s organizers and representa- decades. The Hoover Dam is one of the Finally, no discussion of Hoover Dam tives of the Computer Science Teachers largest power plants in the United would be complete without acknowl- Association as ‘‘Champions of Change.’’ States, with a capacity of 2,080 edging efforts to protect endangered I have introduced S. 1614, the Com- megawatts approximately the size of species. puter Science Education Act, to help each of California’s nuclear power- Hoover contractors have committed students develop the skills to compete plants. to providing more than $150 million for the growing number of jobs in com- Its average production between 1999 over 50 years to support the Lower Col- puter science. Our Nation’s economy and 2008 was about 4.2 billion kilowatt- orado River Multi-Species Conserva- and security depend upon computing hours per year, approximately 2.4 bil- tion Program for the protection of 26 professionals, but the current pipeline lion kilowatt hours of which goes to endangered, threatened and sensitive of graduates will satisfy only 52 per- southern Californians who buy their species. cent of the more than 1.4 million com- power from Southern California Edi- The legislation authorizing the puting job openings expected by 2018. son, the Los Angeles Department of MSCP was enacted in the 111th Con- The other 48 percent of these jobs will Water and Power, or members of the gress and signed into law on March 30, either go unfilled or move to other Southern California Public Power 2009. countries. America should continue to Agency. I thank the parties for reaching this lead in the high-tech sector by pre- Hoover’s power also plays an essen- agreement. paring students to take these well-pay- tial role moving water into parched The Hoover Dam is an American suc- ing jobs. This legislation would and populous southern California. cess story. And it is a renewable energy strengthen computer science education The Metropolitan Water District uses success story. in elementary and high schools by en- Hoover’s power to move its 550,000 During the depths of the Great De- suring that students not only use tech- acrefeet annual allocation of water pression, Americans stepped forward to nology but also learn the technical from the Colorado River, over five help build one of the great engineering skills needed to work in computer desert mountain ranges, to Los Ange- marvels of all time. Between 1931 and 1936, our Nation science and grow our economy. les. Computer Science Education Week made a massive effort involving thou- Without Hoover’s power, the Metro- will help to increase the interest of sands of workers more than 100 of politan Water District’s cost of moving students who will invent the next mo- whom lost their lives to build a power- that water would be inordinately more bile technology or start the next tech- plant unlike anything the world had expensive. nology company. This week was estab- ever seen. And if California rate payers had to lished in 2009 by the Computing in the Many in Congress at the time argued buy that much power at market rates Core Coalition, a group of organiza- the cost of Hoover Dam was too high. instead of Hoover Dam’s 2.5 cents per tions, companies, and scientific soci- They argued that government should kilowatt hour cost of production, it eties that strive to advocate for com- not be making such large investments would cost approximately $180 million puter science as a core academic sub- in infrastructure. more each year. ject. Computer Science Education They opposed efforts to invest in an And that power would likely come Week coincides with the birthday of unproven energy technology like hy- from dirtier, more distant sources, in- Grace Murray Hopper, a pioneer in dropower. cluding coal plants. computer science, who was born on De- The debate was strikingly similar to Instead, continued access to Hoover’s cember 9, 1906. She rose to the rank of debates we are having in this body low-cost, renewable hydropower will rear admiral in the U.S. Navy, engi- today. keep rates low as California’s utilities neered new programming languages Luckily for the people of California, and developed standards for computer bring on new, more expensive renew- believers in American infrastructure systems that laid the foundation for able power to comply with the State’s and technology won the Hoover Dam many computer science advances. 33-percent renewable portfolio stand- debate. The economy of the future and the ard. The U.S. Congress provided Federal jobs that will accompany it demand The legislation also sets up a process funds, but only after the Department of that we prepare our students to remain through which new power recipients in the Interior arranged power contracts competitive as leaders in the high-tech California will be determined by the at prices sufficient to both, No. 1, cover global marketplace. For that reason, I Western Area Power Administration. the operating and maintenance charges urge my colleagues to join me in recog- As explained in the House committee and, No. 2 repay the capital appro- nizing Computer Science Education report accompanying this bill, Con- priated by the U.S. Congress within 50 Week and to cosponsor the Computer gress expects the agency to conduct an years. Science Education Act. open hearing and review the process to When the communities and utilities determine power allocations fairly and f of California, led by the City of Los An- equitably. geles, stepped forward to sign those HOOVER POWER ALLOCATION ACT The process should provide the oppor- contracts, construction began. Mrs. FEINSTEIN. Mr. President, I tunity for irrigation districts, rural As the years have passed, the invest- rise today to speak about the impor- electric cooperatives, and other eligi- ment has been repaid and the wisdom tance of the Hoover Power Allocation ble entities to receive allocations. of Congress’s decision has become ap- Act of 2011, of which I am a cosponsor. Congress also expects that Western parent. This legislation passed the Congress Area Power Administration will evalu- And now we have enacted a law that after a multiyear effort led by Senator ate the relevant power requests of po- continues the legacy of Hoover Dam. HARRY REID, the bill’s lead author, and tential new Hoover power recipients in I thank the generations before us for I thank him for his work. an open, thorough, and transparent having the foresight to fund the Hoover

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8457 Dam, and I hope we can again rekindle VIOLENCE AGAINST WOMEN they live and play.’’ That requires in- the spirit and invest in America. REAUTHORIZATION ACT volving parents, coaches, mentors, and Mr. WHITEHOUSE. Madam Presi- teen and community leaders, as well as f dent, I rise to speak in support of the using new technology and social media Violence Against Women Reauthoriza- in innovative ways. RECOGNIZING LORELEI SHEPARD tion Act of 2011, which I am pleased to One group of children needs par- cosponsor today. As attorney general ticular attention: children who have Mrs. FEINSTEIN. Madam President, witnessed abuse in their home. Debo- I rise today to recognize and thank Ms. of Rhode Island, I saw firsthand the good work the Violence Against rah DeBare, the executive director of Lorelei Shepard, who will be retiring the Rhode Island Coalition Against Do- from the United States Senate at the Women Act, VAWA, has done to protect victims of domestic violence, to mestic Violence, explained at the hear- end of the year. Lorelei began her ca- ing that ‘‘growing up in a violent home reer on the Hill in 1993, working for the provide crucial services to those in need, and to hold batterers account- may . . . lead to higher risks of repeat- Secretary of the Senate as an elevator ing the cycle of abuse as teens and operator in the Capitol. She eventually able. The VAWA Reauthorization Act builds on that record of success and young adults.’’ By supporting robust became a supervisor where she was re- makes important updates to strength- services for children exposed to domes- sponsible for managing the weekly en the law, while cognizant of the chal- tic violence in the home, we can help schedule of 20 operators and super- lenging budget circumstances we face. break the intergenerational cycle of vi- vising their day to day duties. Her I congratulate Senators LEAHY and olence. pleasant demeanor and calm nature CRAPO for their hard work and leader- The SMART Prevention Act builds served her well as she guided and deliv- ship on this bill. on each of these insights. It would cre- ered confused visitors and harried staff I am particularly appreciative that ate a new grant program within VAWA and Senators to their destinations in Senators LEAHY and CRAPO have in- to support dating violence education the Capitol. cluded the Saving Money and Reducing programs targeting young people, with She joined the staff of the Senate Se- Tragedies through Prevention Act of a particular focus on middle school stu- lect Committee on Intelligence in 1995, 2011, or the SMART Prevention Act, dents. The bill would also support pro- as the Committee’s receptionist, where which I previously introduced, within grams to train those with influence on once again her calm and friendly ap- the Violence Against Women Reauthor- youth, including parents, teachers, proach and knowledge of the Capitol ization Act. coaches, older teens, and mentors. The served her well. In 2000, Lorelei decided Far too many teens suffer abuse at new teen dating violence prevention to pursue one of her dreams and she the hands of a dating partner. Accord- program would be coordinated with ex- moved to a beautiful home in a little ing to the Centers for Disease Control, isting grant programs focused on pre- town in Vermont. As a Californian, I for example, 1 in 10 teenagers reported vention, including a program directed think it is safe to say that although being hit or physically hurt on purpose at children who have witnessed vio- beautiful, the winters in Vermont leave by a boyfriend or girlfriend at least lence and abuse. By requiring coordina- something to be desired. Thanks to once in the past year. The SMART Pre- tion with these programs, and focusing that New England winter, Lorelei de- vention Act will support innovative resources on prevention, the SMART cided she needed to thaw out and she and effective programs to protect our Prevention Act is also smart policy fis- soon returned to Washington. Through children from this dangerous abuse. cally. Abuse that is prevented reduces a combination of good luck and timing, Earlier this year, as chairman of the the strain on our already overburdened the Committee was able to have Lore- Senate Judiciary Committee’s Sub- health and education systems. lei join the Committee staff again, at committee on Crime and Terrorism, I New laws in several States, as well as the end of 2001. held a field hearing in my home State innovative and hard-working organiza- She has served for the last 10 years on ‘‘Preventing Teen Violence: Strate- tions such as the Lindsay Ann Burke on the Committee’s staff, including for gies for Protecting Teens from Dating Memorial Fund and the Katie Brown the last 5 years as our security assist- Violence and Bullying.’’ With hundreds Educational Program in New England, ant, making sure that classified docu- of students from Tolman High School have demonstrated how effective such ments are logged and distributed ap- in Pawtucket, RI, in the audience, prevention programs can be, so now is propriately, handling classified cor- prominent advocates and experts testi- the time for Congress to act. respondence, and keeping track of the fied about the importance of edu- I again thank Senators LEAHY and secrets entrusted to the Committee. cational and community programs in CRAPO for their leadership in reauthor- It is the Intelligence Committee’s preventing dating violence among izing the Violence Against Women Act. constitutional responsibility to oversee teenagers. I look forward to working with them the intelligence activities of our na- The witnesses explained that teen and other Senators from both sides of tion. Through her many years of serv- dating violence remains a serious prob- the aisle toward a country that is free ice on the Committee, Lorelei has lem, but that we can take important from dating and domestic violence. made a quiet but critical contribution preventive measures. Ann Burke, a to this effort. For that, I thank her. leading national advocate, explained f Though Lorelei will be leaving, the that school-based teen dating violence Shepard family still remains a part of prevention programs, especially those the Senate community. Lorelei’s focused on middle schools, have proven INTERNATIONAL HUMAN RIGHTS daughter, Lori, and son, Peter, have effective in changing behaviors. The DAY followed in their mother’s footsteps Lindsay Ann Burke Act, named in Mr. CARDIN. Madam President, I and both work in the Senate today. memory of Ann’s daughter, a victim of rise today to mark International This is quite a testament to their fam- dating violence, supports abuse edu- Human Rights Day, a day which cele- ily’s commitment and dedication to cation programs for teens in Rhode Is- brates the adoption of the Universal our nation and one for which they land. Since its passage, physical teen Declaration on Human Rights by the should be proud. dating violence rates in our State have UN General Assembly on December 10, I wish Lorelei all the best as she re- decreased from 14 percent in 2007 to 10 1948. tires and eventually returns to percent in 2009. In the immediate after math of World Vermont. I know she will enjoy the These preventive measures are most War II, and reacting with revulsion to new-found time she will have to pursue effective when part of a community- the horrors of that global war and the her love of quilting, writing and the wide approach. As Kate Reilly, the ex- Holocaust, the community of nations myriad of other talents with which she ecutive director of the Start Strong organized itself with the goal of pro- has been blessed. Rhode Island Project, explained at the tecting international peace and secu- On behalf of the Intelligence Com- hearing, effective prevention program- rity. Although the United Nations mittee, many thanks Lorelei, best ming should not be limited to schools founding Charter recognized the pro- wishes, and stay warm. alone, but should ‘‘meet kids where tection of human rights as one of the

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8458 CONGRESSIONAL RECORD — SENATE December 8, 2011 UN’s most basic purposes, it was quick- Democratic Institutions and Human Joan, who has won reporting awards ly recognized that it would be nec- Rights’ panel of experts on freedom of from the South Carolina and Louisiana essary to further elaborate these fun- assembly. But he was involved in a press associations, is a longtime mem- damental freedoms in order to ensure tragic car accident in which a pedes- ber of the elite Gridiron Club of news- their protection. The resulting docu- trian was killed and, after a trial wide- paper writers. She was one of the first ment—the Universal Declaration of ly condemned for lacking due process, women to become a member. Human Rights—has since served as the he was sentenced in 2009 to 4 years in I know that one of Joan’s biggest in- foundation upon which all other human prison. terests is dance, something I am told rights work at the international level A year ago, at the OSCE Summit in she plans to be very active with in re- has stood. It remains to this day an en- Astana, civil society activists called tirement. Long before ‘‘American Idol’’ during guide for human rights advo- for Zhovtis’ release. As one NGO par- and ‘‘So You Think You Can Dance,’’ cates around the globe. ticipant remarked: Joan was an excellent competitive This has been an exciting and dra- Evgenii is the human rights Everyman. If dancer. Her specialty is Shag, a re- matic year that will be remembered for this can happen to him, it can happen to gional dance popular in the Carolinas. the triumphs of the Arab Spring. The anyone. This year, Joan won her first na- fall of so many dictators who have been A year later, Evgenii Zhovtis re- tional Shag championship. With more responsible for the deaths, torture, and mains in a Siberian penal colony, even time to practice, I am sure more dance other atrocities meted out against so as Kazakhstan prepares to host an titles are on the way. many has opened up the exhilarating OSCE election observation mission. In For those of us who have been fortu- prospect of real reform and meaningful the spirit of the Universal Declaration nate to work with Joan, it is almost human rights improvements. But the of Human Rights, I once again urge impossible to imagine the Press Gal- final chapter of the Arab Spring has President Nazarbayev to review his lery without her. But I know I join the not yet been written, and nothing can case and to release him. entire Senate press corps in wishing be taken for granted. Thank you. Joan the best as she embarks on this Progress in this field is not nec- f new adventure in her life. essarily linear. As Ronald Reagan said Joan, thank you for sharing with this in his inaugural address, ‘‘Freedom is a TRIBUTE TO JOAN MCKINNEY institution and our entire country your fragile thing and is never more than Ms. LANDRIEU. Madam President, I knowledge, experience and good heart. one generation away from extinction.’’ rise today to pay tribute to Joan All of us are better as a result of your I believe it is especially critical, at McKinney, who has been a beloved and service to the best ideals of our democ- this historic moment, for the United respected mainstay of the Senate Press racy. States to remain vigilant in the protec- Gallery for almost 40 years. f tion and promotion of human rights— Joan retired recently after a decade CROWDFUNDING abroad and at home. of service on the Press Gallery staff. Overseas, the United States must Prior to that, she served the people of Mr. MERKLEY. Mr. President, I rise continue to use our voice to speak on my home State of Louisiana for 21⁄2 today to address a promising new idea behalf of those silenced by brutal re- decades as Washington correspondent for investors and small businesses: gimes. We must continue to lift up for the Baton Rouge Advocate. crowdfunding. those who cannot stand on their own. Joan is originally from Greenville, In recent years, small businesses and And while we must inevitably pursue a SC, and is a graduate of Winthrop Col- startup companies have struggled to multifaceted foreign-policy that ad- lege. She came to Washington in 1971 raise capital. The traditional methods vances American goals in a broad range to work on the press staff of our dear of raising capital have become increas- of areas including hard security and colleague Senator Fritz Hollings. ingly out of reach for many startups the economy, we must never treat As her career advanced, she chose to and small businesses. There is another human rights as something expendable. return to journalism, working first as a option, but Congress must act to au- I take particular note of the coun- reporter for the Greenville News, where thorize it and provide for appropriate tries that stand shoulder to shoulder her father served as editor, and then safeguards. with us in that effort. I welcome Polish for another paper from my home state, Low-dollar investments from ordi- Foreign Minister Radek Sikorski’s call the Shreveport Journal. nary Americans may help fill the void, for a ‘‘European endowment for democ- Joan was hired away by the Advocate providing a new avenue of funding to racy,’’ similar to the National Endow- when she continually beat the Advo- the small businesses that are the en- ment for Democracy which the United cate’s reporter—who happened to be gine of job creation. The CROWDFUND States has supported since 1983. I com- the son of the publisher—on stories. I Act would provide startup companies mend Poland for the leadership it has came to know and respect Joan during and other small businesses with a new shown on human rights issues during our many hallway meetings that so way to raise capital from ordinary in- its presidency of the European Union. often occur between Members and the vestors in a more transparent and reg- In all of these efforts, the role of civil press. I also had the great fortune of ulated marketplace. society remains critical. On the 50th getting to know her as a person and as The promise of crowdfunding is that anniversary of the adoption of the Uni- a friend. investments in small amounts, made versal Declaration of Human Rights, In her tenure as the Advocate’s con- through transparent online forums, can the United Nations adopted a declara- gressional correspondent, Joan came to allow the ‘‘wisdom of the crowd’’ to tion on the rights of human rights de- be well respected by members of the provide funding for small, innovative fenders. They are the first line of de- Louisiana delegation from both par- companies. It allows ordinary Ameri- fense and they often pay the highest ties. The Members from my State knew cans to get in on the ground floor of price. her as fair-handed and tough, and most the next big idea. It is American There are, unfortunately, too many of all, that there was nothing, nothing entrepreneurism at its best, which is cases of human rights defenders who that could get by her. why it has the support of the President are imprisoned, persecuted or worse, Through her work, Joan became an and many in the business community. for me to raise them all here. But I expert on the intricacies of the Senate That said, there are real risks of in- would like to mention one in particular and the Supreme Court. She took this vestment losses at a rate far beyond or- that maybe emblematic of many oth- knowledge with her into her role as a dinary investing. Crowdfunding, if done ers: the case of Evgenii Zhovtis, member of the Senate daily press gal- without proper oversight, provides sig- Kazakhstan’s most well-known human lery staff. I know her Senate acumen nificant opportunity for fraud. Indeed, rights activist. on the institution and its procedure it was not too long ago that our finan- Zhovtis is the Director of the was of great value to the reporters cial regulators were doing daily battle Kazakhstan International Bureau for roaming the gallery who relied on her with scam artists pitching huge re- Human Rights and Rule of Law and for deep insight about the Chamber turns on fraudulent schemes through even a member of the OSCE Office for they cover. small, unregistered securities.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8459 That is why the CROWDFUND Act where she majored in English and paign that convinced California Sen- will tap the opportunity of crowd- American history. She is a hard worker ator Pete Wilson to sponsor ‘‘wild and funding while reducing the risks. who has been dedicated to getting the scenic’’ designation for a major stretch The CROWDFUND Act provides a most out of her internship experience. of the Tuolumne River. In the late capital-raising alternative for startups I would like to extend my sincere 1980s, Elden led the successful ‘‘three and other small businesses, while not thanks and appreciation to Kati for all rivers campaign’’ that obtained wild undercutting essential investor protec- of the fine work she has done and wish and scenic designations for portions of tions. It allows companies to raise up her continued success in the years to the Kings, Kern, and Merced Rivers. to $1 million each year from ordinary come. Elden worked with Congressman Americans. It provides more disclosure, f JERRY LEWIS to save the historic Kelso more accountability and accuracy, and Depot, in what was then the Eastern limits the exposure of any individual TRIBUTE TO MICHELLE MATTHIES Mojave National Scenic Area. Showing investor. Mr. THUNE. Madam President, today their usual flair and creativity, Elvin I thank my colleague Senator BEN- I recognize Michelle Matthies, an in- and his wife Patty galvanized public NET for joining me in this effort, and I tern in my Sioux Falls, SD, office, for opinion on the depot issue by con- hope to partner with more of my col- all of the hard work she has done for vincing Amtrak to run a special leagues to move this idea forward in me, my staff, and the State of South ‘‘Desert Wind’’ train from Los Angeles the days to come. Dakota over the past several months. to Kelso, where Elden led the crowd in Michelle is a graduate of Parker High singing railroad songs. f School in Parker, SD. Currently, she is In 1986, as the new chair of the Sierra TRIBUTE TO CHRISTOPHER L. attending Augustana College, where Club Angeles Chapter, Elden was in- CUGINI she is majoring in English and sec- vited to attend a press conference on the introduction of the first Desert Mr. THUNE. Madam President, today ondary education. She is a hard worker who has been dedicated to getting the Bill, authored by Senator Alan Cran- I recognize Christopher L. Cugini, an ston. He brought along some of his intern in my Washington, DC, office, most out of her internship experience. I would like to extend my sincere photos of the Mojave and was soon for all of the hard work he has done for leading a group of amateur photog- me, my staff, and the State of South thanks and appreciation to Michelle for all of the fine work she has done raphers on a 2-year project cataloguing Dakota over the past several months. the fragile beauty of this unique nat- Chris is a graduate of Glen Oak High and wish her continued success in the years to come. ural area. School in Canton, OH. Currently, he is In 1990, Elden retired from business attending the University of Mount f to become the west coast spokesman Union in Alliance, OH, where he is ma- ADDITIONAL STATEMENTS for the Desert Bill. He was a natural, joring in communication. He is a hard and the media loved him. As Frank worker who has been dedicated to get- Wheat noted in his book ‘‘California ting the most out of his internship ex- REMEMBERING ELDEN HUGHES Desert Miracle,’’ Elden was also perience. ∑ Mrs. BOXER. Madam President, last ‘‘knowledgeable, quotable, pleasant to I would like to extend my sincere weekend California and the Nation lost be with, and willing to go to great thanks and appreciation to Chris for one of our great environmental cham- lengths to show members of the press all of the fine work he has done and pions when Elden Hughes died at his what the Desert Bill was intended to wish him continued success in the desert home in Joshua Tree, CA, at age protect. Soon he was drawing reporters years to come. 80. as a lamp draws moths.’’ f As a longtime activist with the Si- Meanwhile, Elden and Patty had erra Club and former president of its adopted a pair of abandoned pet tor- TRIBUTE TO ROBERT CUYLER Angeles Chapter, Elden led successful toises and successfully bred a new fam- HASKINS campaigns to protect California’s wild ily. When the babies were 5 months old, Mr. THUNE. Madam President, today rivers and preserve the historic Union Elden and Patty took them on a cross- I recognize Robert Cuyler Haskins, an Pacific Railroad depot in the desert country tour to raise media and public intern in my Washington, DC, office, town of Kelso, CA. interest in protecting the desert tor- for all of the hard work he has done for But Elden Hughes is best known and toise. Over the years, they made nine me, my staff, and the State of South fondly remembered as one of the tire- trips to Washington, DC, to gain con- Dakota over the past several months. less leaders of the long grassroots ef- gressional support for the Desert Bill. Once, when an airline security guard Cuyler is a graduate of L.D. Bell High fort to enact the 1994 California Desert told them they couldn’t bring pet tor- School in Hurst, TX. Currently, he is Protection Act, which created a new toises on the plane, Patty said, ‘‘They attending Texas Christian University national park in the Eastern Mojave in Fort Worth, TX, where he is major- aren’t pets, they’re lobbyists.’’ Desert and established higher levels of Finally, in 1994, Congress passed the ing in political science. He is a hard protection for Death Valley, Joshua worker who has been dedicated to get- California Desert Protection Act, and I Tree, and other desert lands. was proud to cosponsor this bill with ting the most out of his internship ex- Elden was born in 1931 in Whittier, Senator FEINSTEIN. Elden Hughes was perience. CA, the son of cattle farmers from I would like to extend my sincere instrumental in passing this landmark Modoc County. When he was 13, the legislation. Today, the Mojave Na- thanks and appreciation to Cuyler for family moved out of town and bought a all of the fine work he has done and tional Preserve and the Kelso Depot ranch where Elden made enough money stand as monuments to this joyous, wish him continued success in the raising hogs to buy an old car and creative, and inexhaustible man who years to come. begin a lifetime of exploring Califor- did so much to protect California’s f nia’s wild places. After earning his way priceless natural heritage. through college, he worked in the fam- TRIBUTE TO KATI M. SEYMOUR On behalf of the people of California, ily plumbing supply business, which he who have benefitted so much from Mr. THUNE. Madam President, today then sold to become the executive vice Elden’s life work, I send my deepest I recognize Kati M. Seymour, an intern president of a major computer service gratitude and condolences to his wife in my Washington, DC, office, for all of company. Patty; his sons, Mark, Paul, and the hard work she has done for me, my Elden’s interest in river-running, spe- Charles; and his three grandchildren.∑ staff, and the State of South Dakota lunking, archaeology, nature photog- f over the past several months. raphy, and the desert led him to join Kati is a graduate of Jones County Sierra Club expeditions and gradually MESSAGES FROM THE HOUSE High School in Murdo, SD. This past become involved in the club’s conserva- ENROLLED BILLS SIGNED August, Kati graduated from Sinte tion activities. In the early 1980s, he At 9:39 a.m., a message from the Gleska University in Mission, SD, led a grassroots letter-writing cam- House of Representatives, delivered by

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8460 CONGRESSIONAL RECORD — SENATE December 8, 2011 Mrs. Cole, one of its reading clerks, an- Mr. Novotny, one of its reading clerks, guidance and leadership to the individual de- nounced that the Speaker has signed announced that the Speaker has signed partments and posts of the American Legion, the following enrolled bills: the following enrolled bills: and for other purposes. S. 1541. An act to revise the Federal char- S. 535. An act to authorize the Secretary of f ter for the Blue Star Mothers of America, the Interior to lease certain lands within REPORTS OF COMMITTEES Inc. to reflect a change in eligibility require- Fort Pulaski National Monument, and for ments for membership. other purposes. The following reports of committees S. 1639. An act to amend title 36, United S. 683. An act to provide for the convey- were submitted: States Code, to authorize the American Le- ance of certain parcels of land to the town of By Mrs. BOXER, from the Committee on gion under its Federal charter to provide Mantua, Utah. Environment and Public Works, with an guidance and leadership to the individual de- amendment in the nature of a substitute: partments and posts of the American Legion, The enrolled bills were subsequently signed by the President pro tempore S. 1400. A bill to restore the natural re- and for other purposes. sources, ecosystems, fisheries, marine and (Mr. INOUYE). The enrolled bills were subsequently wildlife habitats, beaches, and coastal wet- signed by the President pro tempore f lands of Gulf Coast States, to create jobs and (Mr. INOUYE). MEASURES REFERRED revive the economic health of communities adversely affected by the explosion on, and At 1:03 p.m., a message from the The following bills were read the first sinking of, the mobile offshore drilling unit House of Representatives, delivered by and the second times by unanimous Deepwater Horizon, and for other purposes Mr. Novotny, one of its reading clerks, consent, and referred as indicated: (Rept. No. 112–100). announced that the House has passed H.R. 10. An act to amend chapter 8 of title By Mr. LEAHY, from the Committee on 5, United States Code, to provide that major the Judiciary, with an amendment: the following bills, in which it requests S. 678. A bill to increase the penalties for the concurrence of the Senate: rules of the executive branch shall have no force or effect unless a joint resolution of ap- economic espionage. H.R. 10. An act to amend chapter 8 of title proval is enacted into law; to the Committee By Mr. LEAHY, from the Committee on 5, United States Code, to provide that major on Homeland Security and Governmental Af- the Judiciary, without amendment: rules of the executive branch shall have no fairs. S. 1886. A bill to prevent trafficking in force or effect unless a joint resolution of ap- H.R. 944. An act to eliminate an unused counterfeit drugs. proval is enacted into law. lighthouse reservation, provide management H.R. 944. An act to eliminate an unused f consistency by incorporating the rocks and lighthouse reservation, provide management small islands along the coast of Orange EXECUTIVE REPORTS OF consistency by incorporating the rocks and County, California, into the California COMMITTEES small islands along the coast of Orange Coastal National Monument managed by the County, California, into the California The following executive reports of Bureau of Land Management, and meet the Coastal National Monument managed by the nominations were submitted: original Congressional intent of preserving Bureau of Land Management, and meet the Orange County’s rocks and small islands, By Mr. ROCKEFELLER for the Committee original Congressional intent of preserving and for other purposes; to the Committee on on Commerce, Science, and Transportation. Orange County’s rocks and small islands, Energy and Natural Resources. *Rebecca M. Blank, of Maryland, to be and for other purposes. Deputy Secretary of Commerce. H.R. 1254. An act to amend the Controlled H.R. 1021. An act to prevent the termi- nation of the temporary office of bankruptcy *Ajit Varadaraj Pai, of Kansas, to be a Substances Act to place synthetic drugs in Member of the Federal Communications Schedule I. judges in certain judicial districts; to the Committee on the Judiciary. Commission for a term of five years from H.R. 1560. An act to amend the Ysleta del July 1, 2011. Sur Pueblo and Alabama and Coushatta In- H.R. 1254. An act to amend the Controlled Substances Act to place synthetic drugs in *Jessica Rosenworcel, of Connecticut, to be dian Tribes of Texas Restoration Act to a Member of the Federal Communications allow the Ysleta del Sur Pueblo Tribe to de- Schedule I; to the Committee on the Judici- ary. Commission for a term of five years from termine blood quantum requirement for July 1, 2010. membership in that tribe. H.R. 1560. An act to amend the Ysleta del Sur Pueblo and Alabama and Coushatta In- *Jon D. Leibowitz, of Maryland, to be a H.R. 2351. An act to direct the Secretary of Federal Trade Commissioner for a term of the Interior to continue stocking fish in cer- dian Tribes of Texas Restoration Act to allow the Ysleta del Sur Pueblo Tribe to de- seven years *pm September 26, 2010. tain lakes in the North Cascades National *Maureen K. Ohlhausen, of Virginia, to be Park, Ross Lake National Recreation Area, termine blood quantum requirement for membership in that tribe; to the Committee a Federal Trade Commissioner for a term of and Lake Chelan National Recreation Area. seven years from September 26, 2011. H.R. 2360. An act to amend the Outer Con- on Indian Affairs. H.R. 2351. An act to direct the Secretary of By Mr. LEAHY for the Committee on the tinental Shelf Lands Act to extend the Con- Judiciary. stitution, laws, and jurisdiction of the the Interior to continue stocking fish in certain lakes in the North Cascades National Kathryn Keneally, of New York, to be an United States to installations and devices Assistant Attorney General. attached to the seabed of the Outer Conti- Park, Ross Lake National Recreation Area, nental Shelf for the production and support and Lake Chelan National Recreation Area; *Nomination was reported with rec- of production of energy from sources other to the Committee on Energy and Natural Re- ommendation that it be confirmed sub- than oil and gas, and for other purposes. sources. ject to the nominee’s commitment to The message also announced that the H.R. 2360. An act to amend the Outer Con- respond to requests to appear and tes- tinental Shelf Lands Act to extend the Con- tify before any duly constituted com- House has passed the following bills, stitution, laws, and jurisdiction of the without amendment: United States to installations and devices mittee of the Senate. S. 535. An act to authorize the Secretary of attached to the seabed of the Outer Conti- (Nominations without an asterisk the Interior to lease certain lands within nental Shelf for the production and support were reported with the recommenda- Fort Pulaski National Monument, and for of production of energy from sources other tion that they be confirmed.) other purposes. than oil and gas, and for other purposes; to f S. 683. An act to provide for the convey- the Committee on Energy and Natural Re- ance of certain parcels of land to the town of sources. INTRODUCTION OF BILLS AND Mantua, Utah. f JOINT RESOLUTIONS The message further announced that ENROLLED BILLS PRESENTED The following bills and joint resolu- the House has agreed to the following tions were introduced, read the first concurrent resolution, without amend- The Secretary of the Senate reported and second times by unanimous con- ment: that on today, December 8, 2011, she sent, and referred as indicated: S. Con. Res. 32. Concurrent resolution to had presented to the President of the By Mr. ISAKSON: authorize the Clerk of the House of Rep- United States the following enrolled S. 1963. A bill to revoke the charters for resentatives to make technical corrections bills: the Federal National Mortgage Corporation in the enrollment of H.R. 470, an Act to fur- S. 1541. An act to revise the Federal char- and the Federal Home Loan Mortgage Cor- ther allocate and expand the availability of ter for the Blue Star Mothers of America, poration upon resolution of their obliga- hydroelectric power generated at Hoover Inc. to reflect a change in eligibility require- tions, to create a new Mortgage Finance Dam, and for other purposes. ments for membership. Agency for the securitization of single fam- ENROLLED BILLS SIGNED S. 1639. An act to amend title 36, United ily and multifamily mortgages, and for other At 4:40 p.m., a message from the States Code, to authorize the American Le- purposes; to the Committee on Banking, House of Representatives, delivered by gion under its Federal charter to provide Housing, and Urban Affairs.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8461 By Ms. STABENOW (for herself and Wisconsin, Mr. LEE, Mr. PAUL, Mr. 1965 to address and take action to pre- Mr. PORTMAN): BLUNT, Mr. HATCH, Mr. BOOZMAN, Mr. vent bullying and harassment of stu- S. 1964. A bill to amend the Internal Rev- GRAHAM, Mr. KYL, Mrs. HUTCHISON, dents. enue Code of 1986 to exempt from the harbor Mr. CRAPO, Mr. INHOFE, Mr. BAR- S. 626 maintenance tax certain commercial cargo RASSO, Mr. CHAMBLISS, Mr. COBURN, ANTWELL loaded or unloaded at United States ports in Mr. THUNE, Mr. BURR, Mr. HELLER, At the request of Ms. C , the the Great Lakes Saint Lawrence Seaway Mr. RUBIO, Mr. JOHANNS, and Mr. name of the Senator from Hawaii (Mr. System; to the Committee on Finance. SESSIONS): AKAKA) was added as a cosponsor of S. By Mr. MORAN (for himself and Mr. S. 1975. A bill to repeal the authority to 626, a bill to amend the Internal Rev- WARNER): provide certain loans to the International enue Code of 1986 to repeal the shipping S. 1965. A bill to jump-start economic re- Monetary Fund, to prohibit loans to enable investment withdrawal rules in section covery through the formation and growth of the Fund to provide financing for European 955 and to provide an incentive to rein- new businesses, and for other purposes; to financial stability and to oppose the provi- vest foreign shipping earnings in the the Committee on Finance. sion of such financing, and for other pur- United States. By Ms. AYOTTE (for herself, Mr. poses; to the Committee on Foreign Rela- BEGICH, Mr. VITTER, and Mr. RUBIO): tions. S. 752 S. 1966. A bill to direct the Secretary of By Ms. COLLINS (for herself and Mr. At the request of Mrs. FEINSTEIN, the Homeland Security to reform the process for COONS): names of the Senator from New Jersey enrolling, activating, issuing, and renewing S. 1976. A bill to authorize educational as- (Mr. MENENDEZ) and the Senator from Transportation Worker Identification Cre- sistance under the Armed Forces Health Pro- New Jersey (Mr. LAUTENBERG) were dentials so that applicants are not required fessions Scholarship program for pursuit of added as cosponsors of S. 752, a bill to to visit a designated enrollment center more advanced degrees in physical therapy and oc- establish a comprehensive interagency than once; to the Committee on Commerce, cupational therapy; to the Committee on Science, and Transportation. response to reduce lung cancer mor- Armed Services. tality in a timely manner. By Mr. JOHNSON of South Dakota (for By Mr. SANDERS (for himself and Mr. himself and Mr. COCHRAN): BEGICH): S. 955 S. 1967. A bill to amend title XVIII of the S.J. Res. 33. A joint resolution proposing At the request of Mr. LEAHY, his Social Security Act to provide for the treat- an amendment to the Constitution of the name was added as a cosponsor of S. ment of certain physician pathology services United States to expressly exclude for-profit 955, a bill to provide grants for the ren- under the Medicare Program; to the Com- corporations from the rights given to nat- ovation, modernization or construction mittee on Finance. ural persons by the Constitution of the of law enforcement facilities. By Mr. WARNER (for himself and Mr. United States, prohibit corporate spending S. 985 KIRK): in all elections, and affirm the authority of S. 1968. A bill to require the Secretary of Congress and the States to regulate corpora- At the request of Ms. MIKULSKI, the Transportation to establish a pilot program tions and to regulate and set limits on all name of the Senator from Vermont to increase accountability with respect to election contributions and expenditures; to (Mr. LEAHY) was added as a cosponsor outcomes of transportation investments, and the Committee on the Judiciary. of S. 985, a bill to amend the definition for other purposes; to the Committee on f of a law enforcement officer under sub- Commerce, Science, and Transportation. chapter III of chapter 83 and chapter 84 By Ms. STABENOW (for herself and SUBMISSION OF CONCURRENT AND of title 5, United States Code, respec- Mr. MENENDEZ): SENATE RESOLUTIONS S. 1969. A bill to amend title XI of the So- tively, to ensure the inclusion of cer- cial Security Act to improve the quality, The following concurrent resolutions tain positions. health outcomes, and value of maternity and Senate resolutions were read, and S. 996 care under the Medicaid and CHIP programs referred (or acted upon), as indicated: At the request of Mr. ROCKEFELLER, by developing a maternity care quality By Mr. VITTER (for himself, Mr. the name of the Senator from Michigan measurement program, evaluating mater- SHELBY, Mr. COCHRAN, and Mr. (Ms. STABENOW) was added as a cospon- nity care home models, and supporting ma- WICKER): sor of S. 996, a bill to amend the Inter- ternity care quality collaboratives; to the S. Res. 346. A resolution expressing the Committee on Finance. nal Revenue Code of 1986 to extend the sense of the Senate regarding the Govern- By Mr. MERKLEY (for himself, Mr. new markets tax credit through 2016, ment of Antigua and Barbuda and its actions BENNET, and Ms. LANDRIEU): and for other purposes. relating to the Stanford Financial Group S. 1970. A bill to amend the securities laws S. 1174 fraud; to the Committee on Foreign Rela- to provide for registration exemptions for tions. At the request of Ms. STABENOW, the certain crowdfunded securities, and for other name of the Senator from New Hamp- purposes; to the Committee on Banking, f shire (Mrs. SHAHEEN) was added as a co- Housing, and Urban Affairs. ADDITIONAL COSPONSORS By Mr. INHOFE (for himself and Mr. sponsor of S. 1174, a bill to provide pre- JOHANNS): S. 306 dictability and certainty in the tax law, create jobs, and encourage invest- S. 1971. A bill to provide for the establish- At the request of Mr. WEBB, the name ment of a committee to assess the effects of of the Senator from Vermont (Mr. ment. certain Federal regulatory mandates and to S. 1175 provide for relief from those mandates, and LEAHY) was added as a cosponsor of S. 306, a bill to establish the National At the request of Mrs. HAGAN, the for other purposes; to the Committee on En- names of the Senator from Minnesota vironment and Public Works. Criminal Justice Commission. (Mr. FRANKEN) and the Senator from By Mr. COATS (for himself and Ms. S. 494 Ohio (Mr. BROWN) were added as co- AYOTTE): At the request of Mr. LIEBERMAN, the sponsors of S. 1175, a bill to provide, de- S. 1972. A bill to amend the Food and Drug name of the Senator from Massachu- Administration’s mission; to the Committee velop, and support 21st century readi- on Health, Education, Labor, and Pensions. setts (Mr. BROWN) was added as a co- ness initiatives that assist students in By Mrs. GILLIBRAND (for herself, Mr. sponsor of S. 494, a bill to amend the acquiring the skills necessary to think SCHUMER, Mr. LAUTENBERG, and Mr. Public Health Service Act to establish critically and solve problems, be an ef- KERRY): a national screening program at the fective communicator, collaborate S. 1973. A bill to prevent gun trafficking in Centers for Disease Control and Pre- with others, and learn to create and in- the United States; to the Committee on the vention and to amend title XIX of the novate. Judiciary. Social Security Act to provide States By Mr. UDALL of New Mexico (for S. 1440 the option to increase screening in the himself, Mr. HELLER, Mr. BINGAMAN, At the request of Mr. BENNET, the Mrs. FEINSTEIN, and Mrs. GILLI- United States population for the pre- names of the Senator from Louisiana BRAND): vention, early detection, and timely (Ms. LANDRIEU) and the Senator from S. 1974. A bill to amend the Tariff Act of treatment of colorectal cancer. Vermont (Mr. LEAHY) were added as co- 1930 to clarify the definition of aircraft and S. 506 sponsors of S. 1440, a bill to reduce the offenses penalized under the aviation At the request of Mr. CASEY, the smuggling provisions under that Act, and for preterm labor and delivery and the risk other purposes; considered and passed. name of the Senator from Vermont of pregnancy-related deaths and com- By Mr. DEMINT (for himself, Mr. COR- (Mr. LEAHY) was added as a cosponsor plications due to pregnancy, and to re- NYN, Mr. VITTER, Mr. TOOMEY, Mr. of S. 506, a bill to amend the Elemen- duce infant mortality caused by pre- RISCH, Ms. AYOTTE, Mr. JOHNSON of tary and Secondary Education Act of maturity.

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8462 CONGRESSIONAL RECORD — SENATE December 8, 2011 S. 1591 (Mr. FRANKEN), the Senator from New though such an analysis was required At the request of Mr. KIRK, the name York (Mr. SCHUMER) and the Senator by last year’s Defense authorization of the Senator from Wyoming (Mr. from Rhode Island (Mr. WHITEHOUSE) bill. BARRASSO) was added as a cosponsor of were added as cosponsors of S. 1925, a This legislation would allow the mili- S. 1591, a bill to award a Congressional bill to reauthorize the Violence tary services to extend the same kind Gold Medal to Raoul Wallenberg, in Against Women Act of 1994. of educational benefits to physical and recognition of his achievements and S. 1954 occupational therapists that are al- heroic actions during the Holocaust. At the request of Mrs. HUTCHISON, the ready afforded to physicians, dentists, S. 1629 name of the Senator from North Caro- physician assistants, and even veteri- At the request of Mrs. GILLIBRAND, lina (Mr. BURR) was added as a cospon- narians. the name of the Senator from Min- sor of S. 1954, a bill to amend title 49, Physical and occupational therapists nesota (Ms. KLOBUCHAR) was added as a United States Code, to provide for ex- at the military’s major medical centers cosponsor of S. 1629, a bill to amend pedited security screenings for mem- serve approximately 600 wounded war- title 38, United States Code, to clarify bers of the Armed Forces. riors every day on their road to recovery. More than 32,000 service members presumptions relating to the exposure S. 1959 have been wounded in Iraq and Afghan- of certain veterans who served in the At the request of Mr. BURR, the istan, including many who have suf- vicinity of the Republic of Vietnam, names of the Senator from South Caro- fered very serious injuries and amputa- and for other purposes. lina (Mr. DEMINT) and the Senator tions. Physical and occupational thera- S. 1680 from Florida (Mr. RUBIO) were added as pists play a critical role in the preven- At the request of Mr. CONRAD, the cosponsors of S. 1959, a bill to require a tion of injury, rehabilitation, and re- name of the Senator from Kansas (Mr. report on the designation of the covery of wounded warriors. They not MORAN) was added as a cosponsor of S. Haqqani Network as a foreign terrorist only serve in medical facilities, but are 1680, a bill to amend title XVIII of the organization and for other purposes. also embedded with combat brigade Social Security Act to protect and pre- S. 1961 teams on the battlefield. They use serve access of Medicare beneficiaries At the request of Mr. REED, the their medical training and skill to in rural areas to health care providers names of the Senator from Alaska (Ms. overcome impairments, regardless of under the Medicare program, and for MURKOWSKI) and the Senator from the cause to enable service members to other purposes. South Dakota (Mr. JOHNSON) were overcome disability and succeed in all S. 1749 added as cosponsors of S. 1961, a bill to aspects of life. At the request of Mr. WARNER, the provide level funding for the Low-In- The idea for this bill came directly name of the Senator from Rhode Island come Home Energy Assistance Pro- from a visit I had with a wounded Ma- (Mr. WHITEHOUSE) was added as a co- gram. rine from Maine at the National Mili- sponsor of S. 1749, a bill to establish AMENDMENT NO. 1209 tary Medical Center in Bethesda, Mary- and operate a National Center for Cam- At the request of Mr. NELSON of Flor- land in November. He was severely pus Public Safety. ida, the name of the Senator from Con- wounded by an IED in Afghanistan. He S. 1866 necticut (Mr. BLUMENTHAL) was added lost part of one leg and his other leg At the request of Mr. RUBIO, the as a cosponsor of amendment No. 1209 contains shrapnel wounds. Both of his names of the Senator from Utah (Mr. proposed to S. 1867, an original bill to arms were wounded, and he has a trau- LEE), the Senator from New York (Mr. authorize appropriations for fiscal year matic brain injury as well. In short, he SCHUMER) and the Senator from Idaho 2012 for military activities of the De- has very serious wounds that are going (Mr. RISCH) were added as cosponsors of partment of Defense, for military con- to require a very lengthy recovery pe- S. 1866, a bill to provide incentives for struction, and for defense activities of riod. But, his spirits are amazingly economic growth, and for other pur- the Department of Energy, to prescribe strong and upbeat. poses. military personnel strengths for such However, when I asked him if he had S. 1872 fiscal year, and for other purposes. any concerns, while he praised the care At the request of Mr. CASEY, the f he was receiving, he said there was a severe shortage of physical therapists name of the Senator from Nevada (Mr. STATEMENTS ON INTRODUCED and other trained clinical personnel to HELLER) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS 1872, a bill to amend the Internal Rev- help him in what is going to be a very enue Code of 1986 to provide for the tax By Ms. COLLINS (for herself and long recovery. He is expected to be at treatment of ABLE accounts estab- Mr. COONS): Bethesda for another nine months. It lished under State programs for the S. 1976. A bill to authorize edu- troubles me that he believes there are care of family members with disabil- cational assistance under the Armed not a sufficient number of physical ities, and for other purposes. Forces Health Professions Scholarship therapists to help him and the other program for pursuit of advanced de- S. 1884 wounded warriors who are hospitalized grees in physical therapy and occupa- at Bethesda. At the request of Mr. DURBIN, the tional therapy; to the Committee on While the Department of Defense re- name of the Senator from Tennessee Armed Services. ports that it does not face a shortage (Mr. CORKER) was added as a cosponsor Ms. COLLINS. Mr. President, I rise in these professions overall, both the of S. 1884, a bill to provide States with today to introduce a bill to allow phys- Air Force and the Navy report short- incentives to require elementary ical and occupational therapists to en- ages in physical therapists, physical schools and secondary schools to main- roll in the Armed Forces Health Pro- therapy technicians, and occupational tain, and permit school personnel to fessionals Scholarship Program. I am therapists. One out of every four phys- administer epinephrine at schools. pleased to be joined in this effort by ical therapist positions in the active S. 1896 my colleague, Senator COONS of Dela- duty Navy is currently unfilled. So in- At the request of Ms. AYOTTE, the ware. Our legislation provides tuition cluding these medical professions in name of the Senator from Utah (Mr. assistance to critical health care pro- this existing educational program LEE) was added as a cosponsor of S. fessionals in exchange for service as a would help meet this need. 1896, a bill to eliminate the automatic commissioned medical officer. This bill is also endorsed by both the inflation increases for discretionary Unfortunately, while the need for American Physical Therapy Associa- programs built into the baseline pro- physical therapists has grown during tion and the American Occupational jections and require budget estimates the last ten years of combat, neither Therapy Association, who agree this ef- to be compared with the prior year’s the Department of Defense nor the fort will help curtail a possible short- level. military services have conducted a sep- age of these valuable professionals in S. 1925 arate analysis of the current or future the future. At the request of Mr. LEAHY, the DoD workforce requirements for occu- I wish to point out, we are not au- names of the Senator from Minnesota pational and physical therapists, even thorizing additional or new funding in

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After all, it is these talented While occupational therapists are present in and committed professionals who are every branch of the service the Army has the my view, corporations should not be helping our wounded warriors return to largest and most prominent role for occupa- able to go into their treasuries and living full and independent lives. tional therapy; using the professions unique spend millions and millions of dollars Mr. President, I ask unanimous con- focus on overcoming impairments regardless on a campaign in order to buy elec- sent that letters of support be printed of the cause to enable soldiers to overcome tions. in the RECORD. disability and succeed in all aspects of life. I do not believe that is what Amer- There being no objection, the mate- The current wars in Iraq and Afghanistan ican democracy is supposed to be rial was ordered to be printed in the have dramatically increased the demand for about. I do not believe that is what the occupational therapy practitioners within RECORD as follows: bravest of the brave from our country, the military. The signature injuries of these fighting for democracy, fought and died AMERICAN PHYSICAL conflicts include traumatic brain injury, THERAPY ASSOCIATION. post-traumatic stress disorder, traumatic to preserve. Almost 2 years ago, in its Senator SUSAN COLLINS, amputation and poly-trauma. Within both now infamous Citizens United decision, Dirksen Senate Office Building, the military and the Veterans Administra- the United States Supreme Court up- Washington, DC. tion occupational therapists work as critical ended over a century of precedent, tak- DEAR SENATOR COLLINS: On behalf of the members of the treatment teams to address ing a somewhat narrow legal question more than 77,000 members of the American each of these conditions. and using it as an opportunity to radi- Physical Therapy Association, I write to AOTA and our members in the civilian cally change our political landscape, thank you for your amendment to the Na- world and the military appreciate your lead- unleashing a tsunami of corporate tional Defense Authorization Act and your ership and vision in promoting occupational spending on campaign ads that has just introduction of legislation to include phys- therapy education and training for service ical therapists in the Health Professions members so that they can go on to meet the begun. Make no mistake, the Citizens Scholarship Program (HPSP). needs of fellow soldiers and society as a United ruling has radically changed APTA commends your efforts to add phys- whole. Both within the military and the pri- the nature of our democracy, further ical therapists to the HPSP. This legislation vate sector, demand for occupational ther- tilting the balance of power toward the will enable more of these highly qualified apy is expected to increase dramatically and rich and the powerful at a time when professionals to help treat our nation’s your legislation can help meet those needs. already the wealthiest people in this wounded warriors and ensure that there will We look forward to working with you and country have never had it so good. be no shortage in the future. There should your staff to enact this legislation during In my view, history will record that never be any disruption in care for the rea- this session of Congress so that more occupa- the Supreme Court’s Citizens United son of inadequate personnel. tional therapists are trained to meet the decision is one of the worst decisions As you know, physical therapists play a health care, rehabilitation and reintegration critical role in the prevention of injury, re- needs of our service members. ever made by a Supreme Court in the habilitation, and recovery of wounded war- Sincerely, history of our country. While there is riors around the world. They not only serve TIM NANOF, MSW, no way of knowing for sure, since there at medical facilities like the Walter Reed Director of Federal Affairs. are no disclosure requirements in place National Military Medical Center to track what was spent, it is no secret (WRNMMC), but they are also found on the By Mr. SANDERS (for himself and that already in the 2010 midterm elec- battlefield with the Army Medical Specialist Mr. BEGICH): tions, corporations and some very Corps and are embedded with combat brigade S.J. Res. 33. A joint resolution pro- wealthy individuals spent a huge and teams. They aid in shortening the recovery posing an amendment to the Constitu- time of soldiers so they can return to serv- unprecedented amount of money to fur- ice, and are a necessary and integral part of tion of the United States to expressly ther their political goals. There is no the health care structure of the armed exclude for-profit corporations from question this is just the beginning of forces. the rights given to natural persons by their efforts. At a time when corpora- Thank you for your commitment to im- the Constitution of the United States, tions have over $2 trillion in cash in proving the rehabilitation and well being of prohibit corporate spending in all elec- their bank accounts and are making our wounded warriors. Please contact Mi- tions, and affirm the authority of Con- recordbreaking profits, the American chael Hurlbut, Associate Director of Con- gress and the States to regulate cor- people should be concerned when the gressional Affairs, at michaelhurlbut@ porations and to regulate and set lim- apta.org or 703–706–3160, if you have any Supreme Court says these corporations questions or would like any additional infor- its on all election contributions and ex- have a constitutionally protected right mation. penditures; to the Committee on the to spend, spend, spend shareholders’ Sincerely, Judiciary. money to dominate an election as if R. SCOTT WARD, PT, PhD, Mr. SANDERS. Mr. President, I am they were real live persons. There will President. submitting a resolution to amend the be no end to the impact corporate in- U.S. Constitution. I do not do this terests can have on our campaigns and THE AMERICAN OCCUPATIONAL lightly, nor have I ever done something our democracy if we do not end this THERAPY ASSOCIATION, INC., such as this before. The U.S. Constitu- Bethesda, MD, December 7, 2011. Citizens United decision and its impact tion is an extraordinary document Hon. SUSAN COLLINS, on our Nation. U.S. Senate, which has served our country well for All of us in the Senate share one Washington, DC. over 200 years and, in my view, it common characteristic. We all run for DEAR SENATOR COLLINS: On behalf of the should not be amended often. elections. We all live in the real polit- American Occupational Therapy Association But in light of the disastrous Su- ical world. Let me speak for a moment (AOTA), the national professional associa- preme Court’s 5-to-4 decision in the what I think many of my colleagues in tion representing the interests of more than Citizens United case, I see no alter- their heart of hearts know to be true; over 140,000 occupational therapists, occupa- native but a constitutional amend- tional therapy assistants and students of oc- that is, that while the campaign fi- cupational therapy, I am writing to thank ment. I should add that a similar reso- nance system we had before Citizens you for sponsoring legislation to promote oc- lution has been offered in the House by United was, in my view, a disaster— cupational therapy within the United States Congressman TED DEUTCH of Florida. there is no question it is a disastrous military. This legislation seeks to authorize This constitutional amendment is sup- situation where candidates, Members educational assistance under the Armed ported by such grassroots organiza- of the Senate, spend huge amounts of Forces Health Professions Scholarship pro- tions as Public Citizen, People for the time having to raise money, and I gram for the pursuit of advanced degrees in American Way, and the Center for know that is distasteful not just for occupational therapy and physical therapy. Occupational therapy is a skilled health, Media and Democracy. Democrats, it is distasteful to Repub- wellness and rehabilitation service with the Let me go on record as strongly as I licans, it is distasteful for an Inde- goal of improving function, independence can, and as clearly as I can, in stating pendent; that is what we do—now, as a and quality of life so that individuals can that I strongly disagree with the Su- result of Citizens United, that bad situ- lead more productive and rewarding lives. preme Court’s Citizens United decision. ation has become much worse because

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8464 CONGRESSIONAL RECORD — SENATE December 8, 2011 infinitely more money is going to come Another is the Fair Elections Now submitted the following resolution; into the political process through non- Act, sponsored by Senator DURBIN, which was referred to the Committee disclosed donations suddenly appearing which would move us to publicly fi- on Foreign Relations: on TV screens in our States. nanced elections. I think that is a very S. RES. 346 According to an October 10, 2011, arti- good idea. I support that. Whereas the Government of Antigua and cle in Politico: The third piece of legislation is a re- Barbuda has committed numerous acts The billionaire industrialist brothers cent resolution for a campaign finance against the interests of United States citi- David and Charles Koch plan to steer more constitutional amendment, introduced zens and operated the financial sector and than $200 million—potentially much more— by Senator TOM UDALL of New Mexico, judicial system of Antigua and Barbuda in a to conservative groups ahead of Election Day that would make it clear that Congress manner that is manifestly contrary to the [2012]. and the States have the authority to public policy of the United States; What do we think? Do we think write laws to regulate campaign spend- Whereas 20,000 investors, including many American democracy is about a couple United States citizens, lost $7,200,000,000 in ing across the country and make sure an alleged Ponzi scheme involving fictitious of wealthy billionaires putting hun- our State and Federal elections are dreds of millions of dollars into cam- certificates of deposit from Stanford Inter- about what is right for our democracy, national Bank, an offshore bank chartered in paigns without disclosure? Is that the and I support Senator UDALL’s resolu- Antigua and Barbuda; democracy Americans fought and died tion. But even these excellent pieces of Whereas the Government of Antigua and for in war after war? I think not. legislation are not enough. Barbuda violated the order of the United It clearly is not just Republican The Constitution of this country has States District Court for the Northern Dis- operatives. There will be Democrats served us well for more than 200 years. trict of Texas regarding the receivership pro- doing the same. So more and more But when the Supreme Court says—for ceeding initiated at the request of the United money comes into the system. We do States Securities and Exchange Commission purposes of the first amendment—cor- (referred to in this preamble as the ‘‘Securi- not know where it comes from, and in porations are people, that writing order to defend ourselves candidates ties and Exchange Commission’’), in which checks from the company’s bank ac- the court took exclusive control of all the are going to have to raise more money count is constitutionally protected assets owned by Allen Stanford and Stan- and become more and more dependent speech, and that even attempts by the ford-affiliated entities around the world and on big money interests. Does anybody Federal Government and States to im- documents relating to those assets; believe that is what American democ- pose reasonable restrictions on cam- Whereas the Government of Antigua and racy is supposed to be about? paign ads are unconstitutional, when Barbuda challenged the authority of the Let’s talk about the practical im- that occurs, our democracy is in grave United States District Court for the North- pacts. What happens on the floor of the ern District of Texas by— danger. Something more needs to be (1) initiating a separate and competing liq- Senate? The six largest banks on Wall done. There needs to be something Street have assets equal to over 65 per- uidation proceeding for Stanford Inter- more fundamental and indisputable, national Bank; and cent of our GDP, over $9 trillion—six something that cannot be turned on its (2) appointing liquidators who have defied banks. When an issue comes up that head by a 5-to-4 Supreme Court deci- the orders of the court in multiple jurisdic- impacts Wall Street—some of us, for sion. tions around the world by litigating for con- example, think it might be a good idea We have to send a constitutional trol of hundreds of millions of dollars in to break up these huge banks. Members bank accounts in the United Kingdom, Swit- amendment to the States that says zerland, and Canada; walk to the desk up there and they simply and straightforwardly what ev- have to decide am I going to vote for Whereas the Government of Antigua and eryone—except five members of the Barbuda challenged the authority of the this, am I going to vote against it— U.S. Supreme Court—seems to under- United States Department of Justice by with full knowledge that if they vote stand; that is, corporations are not seeking to obtain control of hundreds of mil- against the interests of Wall Street, 2 people. Bank of America is not a per- lions of dollars in bank accounts in the weeks later, there may be ads coming son. ExxonMobil is not a person. United Kingdom, Switzerland, and Canada down into their State attacking them. The resolution I am offering calls for that had been frozen at the request of the Every Member of the Senate, every an amendment to be sent to the States Department of Justice in accordance with Member of the House, in the back of that would do that. It would make per- multilateral criminal asset forfeiture trea- ties; their minds, will be thinking: Gee, if I fectly clear, No. 1, corporations are not cast a vote this way, if I take on some Whereas the courts of Antigua and Bar- persons with equal constitutional buda have denied recognition of the United big money interests, am I going to be rights as real-life, flesh-and-blood States district court-appointed receiver for punished for that? Will a huge amount human beings; No. 2, corporations are all assets of Allen Stanford and Stanford-af- of money be unleashed in my State? subject to regulation by the people; No. filiated entities; Everybody here understands that is 3, corporations may not make cam- Whereas the Stanford International Bank true. It is not just taking on Wall paign contributions, which has been liquidators appointed by the Eastern Carib- Street, maybe it is taking on the drug the law of the land for the last century; bean Court of Appeals now seek recognition companies, maybe it is taking on the of the Antigua and Barbuda liquidation pro- No. 4, Congress and States have the ceeding as a foreign insolvency proceeding private insurance companies, maybe it power to regulate campaign finance as is taking on the military-industrial under chapter 15 of title 11, United States Senator UDALL’s amendment would complex. But whatever powerful and Code, in the United States District Court for also say. the Northern District of Texas; wealthy special interest we are pre- This amendment is cosponsored by Whereas the Government of Antigua and pared to take on, on behalf of the inter- Senator BEGICH of Alaska, and I would Barbuda acknowledged in a statement in est of the middle-class and working urge all my colleagues to cosponsor March 2010 that— families of this country, when we walk this amendment which, in fact, does (1) Stanford International Bank ‘‘was operating in Antigua as a transit point and for to that desk and we cast that vote, we what its title suggests, saves American know in the back of our mind we may purposes of registration and regulation’’; and democracy. (2) ‘‘[t]he business of Stanford Inter- be unleashing a tsunami of money com- f national Bank, Ltd. was run from Houston, ing into our State, and we are going to Texas, and its books maintained in Memphis, think twice about how we cast that SUBMITTED RESOLUTIONS Tennessee’’; vote. Whereas Allen Stanford, the Stanford Fi- I am a proud sponsor of a number of nancial Group, and the Government of Anti- bills that would respond to Citizens SENATE RESOLUTION 346—EX- gua and Barbuda enjoyed a mutually bene- United and begin to get a handle on the PRESSING THE SENSE OF THE ficial business relationship involving numer- problem. I would like to acknowledge SENATE REGARDING THE GOV- ous economic development projects and them very briefly. One is the Disclose ERNMENT OF ANTIGUA AND loans to the government of at least BARBUDA AND ITS ACTIONS RE- $85,000,000, and forensic accounting reports Act, sponsored by Senator SCHUMER, have identified those loans as having been which would force corporations spend- LATING TO THE STANFORD FI- NANCIAL GROUP FRAUD made from Stanford International Bank cer- ing money on campaign ads to disclose tificate of deposit funds; their identity, as candidates have to Mr. VITTER (for himself, Mr. Whereas, in June 2010, the Securities and do. That is a good thing. I support it. SHELBY, Mr. COCHRAN, and Mr. WICKER) Exchange Commission alleged that Allen

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — SENATE S8465 Stanford bribed Leroy King, the chief execu- Commission, the United States Department AUTHORITY FOR COMMITTEES TO tive officer of the Financial Services Regu- of Justice, the United States district court- MEET latory Commission of Antigua and Barbuda, appointed receiver, and the United States to persuade Leroy King to— district court-appointed Stanford Investors COMMITTEE ON COMMERCE, SCIENCE, AND (1) not investigate Stanford International Committee, in investigating the Stanford Fi- TRANSPORTATION Bank; nancial Group fraud and marshaling the as- Mr. DURBIN. Mr. President, I ask (2) provide Allen Stanford with access to sets of Allen Stanford and all Stanford-affili- unanimous consent that the Com- the confidential files of the Financial Serv- ated entities; mittee on Commerce, Science, and ices Regulatory Commission; (B) an agreement by the Government of Transportation be authorized to meet (3) allow Allen Stanford to dictate the re- Antigua and Barbuda to be subject to the ju- during the session of the Senate on De- sponse of the Financial Services Regulatory risdiction and bound by the judgment of any Commission to inquiries by the Securities United States court that adjudicates the cember 8, 2011, at 10:00 a.m. in room 253 and Exchange Commission about Stanford claims relating to the Stanford Financial of the Russell Senate Office Building. International Bank; and Group fraud; The Committee will hold a hearing (4) withhold information from the Securi- (C) the transfer of the assets seized by the entitled, ‘‘ICANN’s Expansion of Top ties and Exchange Commission; Government of Antigua and Barbuda, or ob- Level Domains.’’ Whereas, in June 2010, the United States tained by the joint liquidators of Stanford The PRESIDING OFFICER. Without Department of Justice indicted Leroy King International Bank, to the United States dis- objection, it is so ordered. on criminal charges and ordered Leroy King trict court-appointed receiver for the benefit COMMITTEE ON COMMERCE, SCIENCE, AND to be extradited to the United States; of victims of the Stanford Financial Group TRANSPORTATION Whereas the Government of Antigua and fraud; Barbuda has failed to complete the process of (D) a contribution by the Government of Mr. DURBIN. Mr. President, I ask extraditing Leroy King to the United States Antigua and Barbuda to the United States unanimous consent that the Com- to stand trial; receivership estate for the benefit of victims mittee on Commerce, Science, and Whereas Dr. Errol Cort, who served as the of the Stanford Financial Group fraud, in an Transportation be authorized to meet Minister of Finance of Antigua and Barbuda amount equal to the amount of any funds during the session of the Senate on De- from 2004 to 2009, allegedly received more that Allen Stanford or any Stanford-affili- cember 8, 2011, in the President’s than $1,000,000 of fraudulently transferred ated entity provided to the Government or Stanford investor funds either directly or in- Room, at 10:30 a.m. government officials of Antigua and Bar- The PRESIDING OFFICER. Without directly through his law firm, Cort & Cort; buda; Whereas Cort & Cort, the law firm of Dr. (E) a contribution by the Government of objection, it is so ordered. Errol Cort, served as the official registered Antigua and Barbuda to the United States COMMITTEE ON ENERGY AND NATURAL agent for Stanford International Bank until receivership estate for the benefit of victims RESOURCES June 2009; of the Stanford Financial Group fraud, in an Mr. DURBIN. Mr. President, I ask Whereas the Government of Antigua and amount equal to any payments that Allen unanimous consent that the Com- Barbuda, along with the Eastern Caribbean Stanford or the Stanford Financial Group mittee on Energy and Natural Re- Central Bank— made to Leroy King or any other official of (1) seized control and possession of the sources be authorized to meet during the Government of Antigua and Barbuda for the session of the Senate on December Allen Stanford-owned Bank of Antigua with- the purpose of subverting regulatory over- out compensation to the United States dis- sight of Stanford International Bank; 8, 2011, at 9:30 a.m., in room 366 of the trict court-appointed receiver; (F) the fulfillment by the Government of Dirksen Senate Office Building. (2) renamed that bank the ‘‘Eastern Carib- Antigua and Barbuda of its obligations relat- The PRESIDING OFFICER. Without bean Amalgamated Bank’’; and ing to the expropriation of the Half Moon objection, it is so ordered. (3) allocated a 40 percent ownership posi- Bay Resort; and tion to the Government of Antigua and Bar- COMMITTEE ON ENVIRONMENT AND PUBLIC (G) an agreement by the Government of buda and 60 percent ownership to 5 Eastern WORKS Antigua and Barbuda to not— Caribbean Central Bank member banks; Mr. DURBIN. Mr. President, I ask (i) interfere with the receivership com- Whereas, after the fraud that the Stanford menced by the United States Government; unanimous consent that the Com- Financial Group allegedly perpetrated was and mittee on Environment and Public made public, the Government of Antigua and (ii) seek control of assets claimed by the Works be authorized to meet during Barbuda expropriated numerous Allen Stan- United States Government; and the session of the Senate on December ford-owned properties in Antigua and Bar- (2) the Secretary of the Treasury should di- buda worth up to several hundred million 8, 2011, at 9:30 a.m., in room 406 of the rect the United States Executive Directors dollars, and the government has not turned Dirksen Senate Office Building. of the International Bank for Reconstruction over those properties to the United States The PRESIDING OFFICER. Without and Development and the International De- district court-appointed receiver; objection, it is so ordered. velopment Association (commonly known as Whereas the Government of Antigua and the ‘‘World Bank’’) and the International COMMITTEE ON FOREIGN RELATIONS Barbuda expropriated without compensation Monetary Fund to use the voice and vote of Mr. DURBIN. Mr. President, I ask the property known as the Half Moon Bay the United States to ensure that any future unanimous consent that the Com- Resort, which is owned by a group of 12 loan made by the World Bank or the Inter- United States citizens; and mittee on Foreign Relations be author- national Monetary Fund to the Government Whereas the Government of Antigua and ized to meet during the session of the of Antigua and Barbuda is conditioned on Barbuda— Senate on December 8, 2011, at 10 a.m. (1) has sought and obtained loans from the providing complete redress of the matters, The PRESIDING OFFICER. Without International Bank for Reconstruction and and satisfaction of the requirements, de- objection, it is so ordered. scribed under paragraph (1). Development and the International Develop- COMMITTEE ON HEALTH, EDUCATION, LABOR, ment Association (commonly known as the AND PENSIONS ‘‘World Bank’’) and the International Mone- f tary Fund; and Mr. DURBIN. Mr. President, I ask unanimous consent that the Com- (2) is the recipient of other direct and indi- NOTICE OF HEARING rect aid from the United States: Now, there- mittee on Health, Education, Labor, fore, be it and Pensions be authorized to meet COMMITTEE ON HEALTH, EDUCATION, LABOR, Resolved, That it is the sense of the Senate AND PENSIONS during the session of the Senate to con- that— duct a hearing entitled ‘‘Tales from the (1) provision of all further direct or indi- Mr. HARKIN. Mr. President, I wish to Unemployment Line: Barriers Facing rect aid or assistance, including assistance announce that the Committee on the Long-Term Unemployed’’ on De- derived from Federal funds, by the United Health, Education, Labor, and Pen- States Government to the Government of cember 8, 2011, at 9:45 a.m., in room 106 Antigua and Barbuda should be suspended sions will meet in open session on of the Dirksen Senate Office Building. until the Government of Antigua and Bar- Thursday, December 15, 2011, at 10 a.m. The PRESIDING OFFICER. Without buda provides complete redress of the issues in SD–430 to conduct a hearing entitled objection, it is so ordered. described in the preamble, including ‘‘Prescription Drug Shortages: Exam- COMMITTEE ON INDIAN AFFAIRS through— ining a Public Health Concern and Po- Mr. DURBIN. Mr. President, I ask (A) the full cooperation of the Government tential Solutions.’’ of Antigua and Barbuda and any appointee of unanimous consent that the Com- that government, including the joint liquida- For further information regarding mittee on Indian Affairs be authorized tors of Stanford International Bank, with this meeting, please contact the com- to meet during the session of the Sen- the United States Securities and Exchange mittee at (202) 224–7675. ate on December 8, 2011, at 2:15 p.m., in

VerDate Mar 15 2010 07:26 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S08DE1.REC S08DE1 bjneal on DSK2TWX8P1PROD with S8466 CONGRESSIONAL RECORD — SENATE December 8, 2011 room 628 of the Dirksen Senate Office tion or data by the Bi-State Development Agen- The PRESIDING OFFICER. The Building. cy as is deemed appropriate by Congress. clerk will report the bill by title. The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask The legislative clerk read as follows: objection, it is so ordered. unanimous consent that the Senate A bill (S. 1974) to amend the Tariff Act of COMMITTEE ON THE JUDICIARY concur in the House amendment, that 1930 to clarify the definition of aircraft and Mr. DURBIN. Mr. President, I ask the motion to reconsider be laid upon the offenses penalized under the aviation the table, with no intervening action smuggling provisions under that Act, and for unanimous consent that the Com- other purposes. mittee on the Judiciary be authorized or debate, and that any statements re- There being no objection, the Senate to meet during the session of the Sen- lated to the measure be printed in the proceeded to consider the bill. ate on December 8, 2011, at 10 a.m., in RECORD. Mr. REID. I ask unanimous consent SD–226 of the Dirksen Senate Office The PRESIDING OFFICER. Without that the bill be read a third time, Building to conduct an executive busi- objection, it is so ordered. passed, and the motion to reconsider be ness meeting. f laid upon the table; that there be no in- The PRESIDING OFFICER. Without CIVILIAN SERVICE RECOGNITION tervening action or debate, and any objection, it is so ordered. ACT statements related to the bill be print- SELECT COMMITTEE ON INTELLIGENCE Mr. REID. Madam President, I ask ed in the RECORD. Mr. DURBIN. Mr. President, I ask unanimous consent that the Homeland The PRESIDING OFFICER. Without unanimous consent that the Select Security Committee be discharged objection, it is so ordered. Committee on Intelligence be author- from further consideration of H.R. 2061 The bill (S. 1974) was ordered to be ized to meet during the session of the and the Senate proceed to its consider- read a third time, was read the third Senate on December 8, 2011, at 2 p.m. ation. time, and passed as follows: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without S. 1974 objection, it is so ordered. objection, it is so ordered. Be it enacted by the Senate and House of Rep- SUBCOMMITTEE ON WATER AND POWER The clerk will report the bill by title. resentatives of the United States of America in Mr. DURBIN. Mr. President, I ask The legislative clerk read as follows: Congress assembled, unanimous consent that the Sub- A bill (H.R. 2061) to authorize the presen- SECTION 1. SHORT TITLE. committee on Water and Power be au- tation of a United States flag on behalf of This Act may cited as the ‘‘Ultralight Air- Federal civilian employees who die of inju- craft Smuggling Prevention Act of 2011’’. thorized to meet during the session of ries in connection with their employment. the Senate on December 8, 2011, at 2:30 SEC. 2. CLARIFICATION OF DEFINITION OF AIR- There being no objection, the Senate CRAFT AND OFFENSES UNDER AVIA- p.m., in room 366 of the Dirksen Senate proceeded to consider the bill. TION SMUGGLING PROVISIONS OF Office Building. Mr. REID. Madam President, I ask THE TARIFF ACT OF 1930. (a) IN GENERAL.—Section 590 of the Tariff The PRESIDING OFFICER. Without unanimous consent that the bill be objection, it is so ordered. Act of 1930 (19 U.S.C. 1590) is amended— read the third time and passed, that (1) by redesignating subsection (g) as sub- f the motion to reconsider be laid upon section (h); and CONSENT OF CONGRESS TO AN the table, with no intervening action (2) by inserting after subsection (f) the fol- AMENDMENT TO THE COMPACT or debate, and that any related state- lowing: BETWEEN THE STATES OF MIS- ments be printed in the RECORD. ‘‘(g) DEFINITION OF AIRCRAFT.—In this sec- SOURI AND ILLINOIS The PRESIDING OFFICER. Without tion, the term ‘aircraft’— objection, it is so ordered. ‘‘(1) has the meaning given that term in Mr. REID. I ask that the Chair lay The bill (H.R. 2061) was ordered to be section 40102 of title 49, United States Code; before the Senate a message from the read a third time, was read the third and ‘‘(2) includes a vehicle described in section House with respect to S.J. Res. 22. time, and passed. The PRESIDING OFFICER laid be- 103.1 of title 14, Code of Federal Regula- fore the Senate the following message f tions.’’. (b) CRIMINAL PENALTIES.—Subsection (d) of from the House of Representatives: CORRECTING THE ENROLLMENT section 590 of the Tariff Act of 1930 (19 U.S.C. S.J. RES. 22 OF H.R. 2061 1590(d)) is amended in the matter preceding Resolved, That the resolution from the Sen- Mr. REID. Madam President, I ask paragraph (1) by inserting ‘‘, or attempts or ate (S.J. Res. 22) entitled ‘‘Joint resolution unanimous consent that the Senate conspires to commit,’’ after ‘‘commits’’. to grant the consent of Congress to an proceed to consideration of H. Con. Res (c) EFFECTIVE DATE.—The amendments amendment to the compact between the 86, which was received from the House. made by this section apply with respect to States of Missouri and Illinois providing that The PRESIDING OFFICER. The violations of any provision of section 590 of bonds issued by the Bi-State Development the Tariff Act of 1930 on or after the 30th day clerk will report the resolution of title. after the date of the enactment of this Act. Agency may mature in not to exceed 40 The legislative clerk read as follows: years.’’, do pass with the following amend- SEC. 3. INTERAGENCY COLLABORATION. ment: A concurrent resolution (H. Con. Res. 86) (a) FINDINGS.—Congress makes the fol- Strike out all after the resolving clause directing the Clerk of the House of Rep- lowing findings: and insert: resentatives to make corrections in the en- (1) The Department of Defense has worked rollment of H.R. 2061. SECTION 1. CONSENT. collaboratively with the Department of (a) IN GENERAL.—The consent of Congress is There being no objection, the Senate Homeland Security to identify equipment, given to the amendment of the powers conferred proceeded to consider the concurrent technology, and expertise used by the De- on the Bi-State Development Agency by Senate resolution. partment of Defense that could be leveraged Bill 758, Laws of Missouri 2010 and Public Act Mr. REID. Madam President, I ask by the Department of Homeland Security to 96–1520 (Senate Bill 3342), Laws of Illinois 2010. unanimous consent that the concur- help fulfill its missions. (b) EFFECTIVE DATE.—The amendment to the rent resolution be agreed to, the mo- (2) As part of that collaborative effort, the powers conferred by the Acts consented to in Department of Homeland Security has lever- tion to reconsider be laid upon the aged Department of Defense equipment, subsection (a) shall take effect on the date of table, with no intervening action or de- enactment of this Act. technology, and expertise to enhance the bate, and that any related statements ability of U.S. Customs and Border Protec- SEC. 2. APPLICATION OF ACT OF AUGUST 31, 1950. be printed in the RECORD. tion to detect, track, and engage illicit traf- The provisions of the Act of August 31, 1950 ficking across the international borders be- (64 Stat. 568) shall apply to the amendment ap- The PRESIDING OFFICER. Without tween the United States and Mexico and the proved under this joint resolution to the same objection, it is so ordered. United States and Canada. extent as if such amendment was conferred The concurrent resolution (H. Con. (3) Leveraging Department of Defense under the provisions of the compact consented Res. 86) was agreed to. equipment, technology, and expertise is a to in such Act. f cost-effective inter-agency approach to en- SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. ULTRALIGHT AIRCRAFT SMUG- hancing the effectiveness of the Department The right to alter, amend, or repeal this joint GLING PREVENTION ACT OF 2011 of Homeland Security to protect the United resolution is expressly reserved. States against a variety of threats and risks. SEC. 4. RESERVATION OF RIGHTS. Mr. REID. Madam President, I ask (b) SENSE OF CONGRESS.—It is the sense of The right is reserved to Congress to require unanimous consent that the Senate Congress that the Secretary of Defense the disclosure and furnishings of such informa- proceed to the consideration of S. 1974. should—

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RECOGNIZING THE 10TH ANNIVER- ample of progress you see in Dunkirk today— of assignments including Patrol Deputy, Nar- SARY OF THE BRANDYWINE from waterfront development to the Dunkirk cotics Detective, Major Crimes Detective, Pa- HEALTH FOUNDATION OF Boardwalk Market, from the SUNY Fredonia trol Sergeant, Major Crimes Sergeant, Lieuten- COATESVILLE Incubator to the redevelopment of the vacant ant, and Commander. Crocker-Sprague building—you see Dick She was hired by the City of San Luis HON. JIM GERLACH Frey’s fingerprints. Through Dick’s efforts, un- Obispo as Chief of Police on January 1, 2003. Chief Linden holds a Master of Arts degree OF PENNSYLVANIA derutilized recreational parks and other brownfields throughout the city were turned in Leadership from St. Mary’s College in IN THE HOUSE OF REPRESENTATIVES into clean and development-ready sites. Moraga and she is a P.O.S.T. Command Col- Thursday, December 8, 2011 Never shy about fighting for his city, I first lege graduate. In 2004, she was honored with Mr. GERLACH. Mr. Speaker, I rise today to met Dick Frey in 2005, shortly after I took of- a three-year gubernatorial appointment to the congratulate The Brandywine Health Founda- fice representing Dunkirk and Chautauqua California Commission on Peace Officer tion of Coatesville, Chester County, Pennsyl- County as a Member of Congress, and I’ll Standards and Training and she was re- vania, on the occasion of its 10th anniversary. confess to being a little concerned. After all, appointed to subsequent terms in 2007 and Over the last ten years, the Brandywine Dunkirk and Chautauqua had not been rep- 2010. Chief Linden serves on the Board of the Health Foundation has made over $10 million resented in Congress by a Democrat in nearly California Police Chiefs Association and is a in grants and scholarships to improve health a generation. But after our first meeting, two lifetime member of the California Narcotic Offi- and encourage youth development in the things were clear: number one, Dick Frey was cers Association. Chief Linden is also dedi- greater Coatesville area. Its efforts have re- a man of his word who passionately cares cated to future members of law enforcement, sulted in bringing ChesPenn Health Services, about the constituents he served; number two, as she has been a criminal justice instructor the only Federally Qualified Health Center in Dick Frey cares about people, and not politics. for Santa Barbara City College, an academy Chester County, to Coatesville. This helps to Dick once said in an interview with the Dun- instructor for Allan Hancock Law Enforcement provide over 8,000 patient visits to low income kirk Observer newspaper, ‘‘As far as politics Academy, and an instructor of Public Policy County residents. Additionally, the Foundation go, you can expect to leave politics at the for St. Mary’s College Graduate Leadership has assisted in the development of a new door when dealing with [people’s] concerns.’’ Program. Dental Center, Chester County Community That statement embodies my experience with Chief Linden also takes an active role in our Dental, and has partnered with the Chester him completely. Though we come from dif- local community in addition to her commit- County Department of Mental Health and ferent political sides of the aisle, politics was ments as Police Chief. She is involved with Mental Retardation, as well as the Coatesville never an issue between us. We both rep- many community and non-profit groups, in- Area School District, to bring behavioral health resented the same people—the hard-working cluding serving on the boards of the Anti-Defa- services to child guidance research centers. folks in the city of Dunkirk—and we each had mation League, Transitions Mental Health As- The Brandywine Health Foundation is also a responsibility to deliver for them. sociation, and the Monday Rotary Club in San responsible for the construction of the four- Now as his wife Pat and their large ex- Luis Obispo. She is the law enforcement rep- story Brandywine Center, which opened in tended family will welcome Dick back to them resentative on the San Luis Obispo County April 2008 and houses the non-profit organiza- after loaning him, his time and attention to the Homeless Services Oversight Council. tions such as ChesPenn Health Services, city and its residents for the past ten years, Mr. Speaker, I ask that my colleagues join Chester County Community Dental, Child we wish them good luck as Dick leaves active me in honoring Deborah Linden, for her lead- Guidance Resource Centers, and Human civic life for a much deserved respite. ership, dedication, and outstanding service to Services, Inc., as well as offering 24 units of Mr. Speaker, I thank you for allowing me a our community and the San Luis Obispo Po- affordable senior housing. few moments to commemorate the service of lice Department. Mr. Speaker, in light of its years of exem- one of the most honorable public servants that f plary service to the community and out- I have had the good fortune to know. I am IN HONOR OF SCOTT KENNEDY standing accomplishments, I ask that my col- thankful all the more, however, to call Dick leagues join me today in recognizing The Frey my friend, and to wish him Godspeed in HON. SAM FARR all of his future endeavors. Brandywine Health Foundation in celebration OF CALIFORNIA of its 10 year anniversary. f IN THE HOUSE OF REPRESENTATIVES f RECOGNIZING CITY OF SAN LUIS Thursday, December 8, 2011 HONORING THE CAREER OF OBISPO POLICE CHIEF DEBORAH Mr. FARR. Mr. Speaker, I rise today to MAYOR RICHARD FREY E. LINDEN honor the life of a good friend and great leader who passed away unexpectedly on Novem- HON. BRIAN HIGGINS HON. LOIS CAPPS ber 19, 2011. His energy, intelligence, and OF NEW YORK OF CALIFORNIA dedication served the City of Santa Cruz since IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 1976, when he co-founded the Resource Cen- ter for Nonviolence. In 1991, Scott began his Thursday, December 8, 2011 Thursday, December 8, 2011 political career, serving on the Santa Cruz City Mr. HIGGINS. Mr. Speaker, I rise today to Mrs. CAPPS. Mr. Speaker, it is with the Council from 1991 to 1998 and again from honor the career and accomplishments of a greatest respect that I rise today to recognize 2001–2003. He also served as the mayor of distinguished public servant and friend, the Deborah Linden on the event of her retirement Santa Cruz in 1994 and 2004. Throughout his Mayor of the City of Dunkirk, New York, the as Police Chief for the City of San Luis life, Scott demonstrated a strong commitment Honorable Richard Frey. Obispo. to his community and he will be dearly With a long career in the private sector— Chief Linden is a native Californian, raised missed. I am proud to honor my friend and his and distinguished wartime service in Korea, in- in Sunnyvale. She moved to Santa Barbara in service to the City of Santa Cruz and to the cluding earning the Purple Heart—before run- 1979 to attend U.C. Santa Barbara, graduating rest of the world. ning for Mayor, Dick Frey has unquestionably in 1984 with a Bachelor of Arts degree in soci- Scott was born in Nebraska on December 9, been a hands-on Mayor for the residents of ology. She began her law enforcement career 1948, and grew up in San Jose, California. He Dunkirk. with the Santa Barbara County Sheriff’s De- began his advocacy for international peace Dick’s key focus as Mayor was community partment as a Deputy Sheriff at the age of 22. while attending the University of California at revitalization and economic development, and During her 18 year tenure at the Sheriff’s Santa Cruz when as a freshman he first trav- he delivered for his constituents. On each ex- Department, Chief Linden served in a variety eled to the Israel-Palestine region. Middle

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.001 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E2208 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2011 Eastern issues were at the forefront of Scott’s On behalf of the citizens of Florida’s 8th REGULATIONS FROM THE EXECU- advocacy and he led some 25 delegations to Congressional District, I am pleased to recog- TIVE IN NEED OF SCRUTINY ACT the Middle East with increasing success over nize the Colonial High School Chamber Choir OF 2011 three decades of involvement. Since the mid– and congratulate the students for their hard 1970s Scott attempted to amplify the voices of work and accomplishment. SPEECH OF Israelis and Palestinians who are committed to HON. CAROLYN B. MALONEY participating in a nonviolent struggle for lasting f OF NEW YORK peace. Scott’s tenacity and passion provided IN THE HOUSE OF REPRESENTATIVES the foundation from which the Resource Cen- A TRIBUTE TO REV. BYRON ter for Nonviolence has continued to prosper LEAVANCE BENTON Wednesday, December 7, 2011 to this day. His later heavy involvement with The House in Committee of the Whole the Washington, D.C.-based group Interfaith HON. EDOLPHUS TOWNS House on the state of the Union had under Peace Builders only adds to his great strides consideration the bill (H.R. 10) to amend toward world peace. His lifetime of humani- OF NEW YORK chapter 8 of title 5, United States Code, to tarian service was honored in 2010 when he IN THE HOUSE OF REPRESENTATIVES provide that major rules of the executive received the Pfeffer Peace Prize. branch shall have no force or effect unless a The Loma Prieta earthquake in 1989 was a Thursday, December 8, 2011 joint resolution of approval is enacted into law: jumping off point for Scott’s local political ca- Mr. TOWNS. Mr. Speaker, I rise today to Mrs. MALONEY. Mr. Chair, I rise today to reer. Several affordable housing activists, honor the Rev. Byron LeaVance Benton for oppose H.R. 10, the Regulations From the Ex- afraid the disaster would result in a lack of af- his pastoral and community service that has ecutive in Need of Scrutiny (REINS) Act. fordable housing, recruited Scott to be their benefited the youth and religious community of This bill is another instance of the Repub- voice and run for city council. During his time Brooklyn. lican Majority playing politics, rather than fo- in elected office, he worked to construct low- Rev. Benton, a native of Greensboro, North income housing, build a community soccer cusing on passing legislation that creates jobs, Carolina, is a graduate of North Carolina Agri- grows our economy, and protects the Amer- field, pass a resolution against the first Iraq cultural and Technical State University where war and permanently preserve several green- ican people. Requiring that Congress approve he majored in Business Education with a con- all agency rules and regulations with an an- belt properties on the city’s perimeter. His in- centration in Administrative Systems. He telligence and passion challenged and taught nual economic cost of $100 million or more earned his Master’s of Divinity degree from would not only handicap our government’s those who served alongside him to do their Princeton Theological Seminary, focusing his very best for Santa Cruz. ability to regulate health and safety laws, it studies on homiletics and pastoral care. He is would also distract Congress from addressing Throughout all of these great achievements, currently pursuing a Doctorate of Arts in Mar- Scott had the stalwart support of his loving pressing issues like job creation, national se- riage and Family Therapy at Eastern Univer- curity and reducing our deficit. After an entire family. He is survived by his wife and sity in Philadelphia, Pennsylvania. soulmate, Kristin (Kris), his two sons, Peter year in which the Republican Majority has and Benjamin and his daughter Megan, who At A&T, he sat on the board of several pro- demonstrated an inability to take up a produc- served in this Chamber as a Congressional grams that reached out to troubled youth in tive legislative schedule—forcing last-minute House Page. His entire family actively sup- the Greensboro area, and he served as the votes on critical issues and not even intro- ported his work by door-to-door canvassing percussion section leader and chaplain of the ducing any kind of serious jobs agenda—it and later travelling to Israel and Palestine. A&T University Band: The Marching Machine. seems ludicrous to suggest that Congress Scott described his family, and his wife Kris in While at Princeton, Rev. Benton served as should be spending its time nitpicking federal particular, as his bedrock. The support she a chaplain for both the Trenton Psychiatric agencies about enacting regulations that Con- gave him made possible his lifelong humani- Hospital in Trenton, New Jersey and the Asso- gress has authorized or ordered be done. tarian and political success. ciation of Black Seminarians at Princeton Additionally, this bill would actually harm job Mr. Speaker, on behalf of the House of Theological Seminary. He was awarded the creation and hurt businesses. By creating a Representatives, I would like to extend our Aaron E. Gast Award in Urban Ministry, the scenario in which regulations are proposed, Nation’s deepest condolences to Scott Ken- Jagow Award in Homiletics and Speech, and and then potentially overridden, and then po- nedy’s family for their loss. I would like to the Ray Lindquist Award in Pastoral Care. tentially proposed yet again in a new form, honor his great struggle for peace and his Rev. Benton started a community drumline businesses will be forced to spend significant service to the City of Santa Cruz. He was a in Brooklyn, New York through the Berean time and resources just keeping track of all treasured Mayor, father, and husband and he Community and Family Life Center. The the changes—decreasing their productivity will be greatly missed. drumline’s vision is to encourage positive, ho- and bottom line. This will create uncertainty for f listic health in youth by providing physical ac- businesses and harm job creation—the very tivity that combats obesity, prevents disease, thing that the Republican Majority asserts that RECOGNIZING THE COLONIAL HIGH and encourages an overall healthy lifestyle, this bill will prevent. This is nothing more than SCHOOL CHAMBER CHOIR while simultaneously creating self-discipline blatant political posturing, as evidenced by the and encouraging community service. Their fact that Congress already has the authority to HON. DANIEL WEBSTER performances include: museums, numerous review and override federal rules under the OF FLORIDA church and youth ministry events, and as ac- Congressional Review Act. IN THE HOUSE OF REPRESENTATIVES companiment for the Jamal Jackson Dance The fact is that federal agencies need to be able to issue rules in a timely and efficient Thursday, December 8, 2011 Company. They were also featured in the 2011 Black History Calendar by Aetna manner to protect the health and welfare of Mr. WEBSTER. Mr. Speaker, it is my pleas- Healthcare. They placed second in both the the American people and help grow our econ- ure to recognize the Colonial High School 2011 Hot 97 Battle in the Apple and Battle of omy. Industries and individuals in areas from Chamber Choir during their visit to Wash- the Drumlines. finance to farming rely on rulemaking and reg- ington, DC. Founded in 1959, Colonial High ulations to facilitate their businesses, and this Rev. Benton currently serves as the Associ- School is located in Orlando and is committed bill would undermine that. I urge a no vote. ated Pastor of the Berean Baptist Church in to educating its students in a learning environ- f ment based on excellence in academic per- Brooklyn, New York under the mentorship of formance, enabling students to become pro- the Senior Pastor, Rev. Dr. Arlee Griffin, Jr. IN RECOGNITION OF RICHARD J. ductive and responsible citizens. He also sits on the board of directors for the LEONARDINI The Chamber Choir is made up of 26 audi- Berean Community and Family Life Center. tion-selected students from the 150-student Rev. Benton has traveled extensively HON. JOHN GARAMENDI throughout the world, partnering with the Na- Colonial High School Chorus. Their talent is OF CALIFORNIA tional Baptist Convention in Liberia, Africa. most recently marked by an invitation to per- IN THE HOUSE OF REPRESENTATIVES form at the White House on Friday, December Mr. Speaker, I would like to recognize Rev. 9, 2011. The parents and educators of these Byron Benton for his exceptional dedication to Thursday, December 8, 2011 students should be very proud of the dedica- the youth of Brooklyn and his years of pastoral Mr. GARAMENDI. Mr. Speaker, I rise today tion and discipline required to get to this level. service. in honor of Captain Richard J. Leonardini, who

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.004 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS December 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2209 is retiring after more than 31 years of law en- easily broken codes. Over 400 Navajo Code their costs. In fact, in 2008, the Office of Man- forcement service, with 22 years of that serv- talkers served bravely in World War II, and agement and Budget—which must sign off on ice to the City of Fairfield. As his colleagues, their code was considered so secretive that all major rules developed by federal agen- friends and family gather together to celebrate they were prohibited from writing it down. It cies—estimated that costs to the economy for the next chapter of his life, I ask all of my col- was not until the declassification of the code major rules it approved were between $46 bil- leagues to join me in saluting this outstanding in 1968 that Americans were truly able to ap- lion and $54 billion. These costs were far out- public servant and defender of peace and preciate the contributions of the Code Talkers. weighed by the benefits of those same regula- safety. Mr. Speaker, it is fitting that as we remem- tions, which they estimated to be between Richard started his law enforcement career ber the brave Americans whose lives were lost $122 billion and $656 billion. Imagine if the as a Deputy Sheriff, serving three years for at Pearl Harbor 70 years ago this week, we rules that are being written to implement Wall the El Dorado County Sheriff’s office and over also honor all of America’s veterans who have Street Reform had been on the books in 2005, five years with the San Joaquin County Sher- committed their time and risked their lives to before the financial crisis came to a head? iff’s office. On March 6, 1989, he was hired as protect our nation. It is with great honor and I believe our country could have reined in a Police Officer with the Fairfield Police De- respect that I offer my appreciation to the rampant, out of control behavior of Wall partment. As an officer, Richard worked in var- Code Talkers for exemplifying the spirit and Street, and such regulations could have saved ious capacities that included Patrol, Investiga- commitment of public service and duty to our economy trillions of dollars in lost eco- tions, Street Crime Apprehension (SCAT) and country. Indeed, both their code and their nomic growth and hard-earned retirement and Field Training. He joined the Crisis Negotia- commitment to America remain unbreakable, college savings. Millions of people who have tions Team in 1991, the Special Activity Fel- and to this day we remain in awe of their lost jobs could still be working. And this body ony Enforcement (SAFE) Team in 1992 and achievements. could be focused on matters like improving was promoted to Police Sergeant on July 30, f U.S. education, economic competitiveness, 1999. and reducing our deficit. As a Police Sergeant, Richard served in Pa- REGULATIONS FROM THE EXECU- Not only would this bill halt our regulatory trol and then Personnel and Training before TIVE IN NEED OF SCRUTINY ACT system in its tracks, but it is also unnecessary. being promoted to Police Lieutenant on De- OF 2011 The Congressional Review Act already gives Congress the ability to review and disapprove cember 14, 2001 and serving as the Com- SPEECH OF mander of the Special Operations Division. He of regulations if they are contrary to Congres- was a thoughtful and capable manager which HON. MAZIE K. HIRONO sional intent. This system ensures that the led him to receiving the Manager of the Year OF HAWAII laws enacted by Congress are implemented award in 2002. On March 19, 2004 he was IN THE HOUSE OF REPRESENTATIVES appropriately, while preventing the law and its implementation from being hijacked by special promoted to Police Captain and served in Ad- Wednesday, December 7, 2011 ministration, Support Services, and Field Op- interests on a whim—and creating disruptive The House in Committee of the Whole erations. uncertainty for our economy and legal system. House on the state of the Union had under Mr. Speaker, people in Hawaii are tired of Richard has been a valued employee and consideration the bill (H.R. 10) to amend his commitment to the community was evi- these politically motivated bills. They want the chapter 8 of title 5, United States Code, to federal government to get to work helping to denced on a daily basis. He was a loyal rep- provide that major rules of the executive resentative of the law enforcement community branch shall have no force or effect unless a create jobs, protecting health and safety, and and admired for his hard work, dedication, and joint resolution of approval is enacted into to do so responsibly. positive work ethic. law: The REINS Act also fails miserably on that Mr. Speaker, I am truly honored to pay trib- Ms. HIRONO. Mr. Chair, I rise today to ex- front. This legislation would require federal ute to this dedicated public servant. I ask all press strong opposition to legislation this agencies to conduct the rigorous analysis re- of my colleagues to join with me in wishing chamber passed yesterday, H.R. 10, the Reg- quired to develop a rule—a process that can Richard J. Leonardini continued success and ulations from the Executive in Need of Scru- take several years—only to have that rule happiness in all of his future endeavors. tiny (REINS) Act of 2011. stopped by Congress. This is a waste of federal resources and irresponsible at a time f The REINS Act requires that both chambers of Congress pass a resolution approving every when Congress needs to focus on creating HONORING THE NATIVE AMERICAN regulation with an economic impact of $100 jobs and reducing our deficit. CODE TALKERS million or more. If Congress fails to pass such These are just some of the concerns I have a resolution, that regulation would not take ef- with the REINS Act, and some of the reasons HON. JARED POLIS fect, and the law would go unimplemented. that I voted against this unnecessary and ill conceived legislation. OF COLORADO I oppose this legislation, which would hurt f IN THE HOUSE OF REPRESENTATIVES the health, safety, and well-being of my constituents and Hawaii’s communities. We can- Thursday, December 8, 2011 IN RECOGNITION OF THE 20TH AN- not let our constituents and communities down NIVERSARY OF THE CAPITOL Mr. POLIS. Mr. Speaker, I rise today to when it comes to these vital responsibilities. CORRIDOR honor the Native American Code Talkers for For example, this bill would stop the rules their selfless contributions to America’s de- that are being written now to implement the HON. DORIS O. MATSUI fense during World Wars I and II. During these Wall Street Reform and Consumer Protection OF CALIFORNIA times of worldwide turmoil, hundreds of Amer- Act—which will rein in reckless behavior in fi- IN THE HOUSE OF REPRESENTATIVES ican Indians joined the United States’ Armed nancial markets. Important rules to implement Forces with the goal of protecting freedom and the health care law—which is already lowering Thursday, December 8, 2011 human rights around the world. drug costs for seniors—would also be Ms. MATSUI. Mr. Speaker, I rise today in The Code Talkers, as these brave soldiers stopped. And rules relating to the recent food recognition of the 20th anniversary of the Cap- became known, used their ancient tribal lan- safety legislation and protecting clean air and itol Corridor train service, which connects the guages to develop a military communications water would be stopped. Sacramento Region to the San Francisco Bay code that no enemy was ever able to crack. These rules—and the laws they are imple- Area. It is a great pleasure to recognize the American Indians served bravely in both World menting—were and are opposed by various corridor’s stellar track record of providing cost- Wars, though the most well-known code powerful corporate special interests. Those effective, public transportation that stimulates group, the Navajo Code Talkers, was not special interests know they don’t have the economic development, reduces emissions, formed by the Marine Corps until the 1940s. votes to repeal these laws—and they know and promotes partnerships among pas- The Navajo Code Talkers came up with a the American people don’t want them re- sengers, private investors, and the commu- code that enabled them to send and receive pealed. nities. As the Capitol Corridors’ supporters and messages that were unintelligible to eaves- So instead, corporate special interests and partners gather to celebrate this milestone, I droppers. The Navajo language had no alpha- their allies claim that the costs of these types ask all my colleagues to join me in honoring bet, and only an extraordinarily few individuals of rules are too big to be worth it. the essential role that the Capitol Corridor outside of the Navajo community were fluent They’re wrong. plays in Northern California. in it, making it the ideal foundation for updat- Even the Bush Administration recognized Since its inception on December 12, 1991, ing the U.S. military’s slow-to-decipher and that the benefits of rules like these outweigh with a mere six trains between Sacramento

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.002 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E2210 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2011 and San Jose, the Capitol Corridor has signifi- reentered what was now the United States Air of the United Federation of Teachers Delegate cantly grown and invested in infrastructure, in- Force. Garner’s troop carrier organization Assembly where she serves as a union dele- creasing the number of weekday trains to thir- serviced all the embassies in Central and gate for her colleagues. ty-two, weekend trains to twenty-two and ex- South America and the Caribbean and, from A quote that offers a unique perspective into panding its corridor to span seven counties 1948–1949, participated in the Berlin Air Lift. the drive Ms. Davis has for her profession is with a total population of 6.7 million. In addi- Over the course of his career, Garner also de- by Sasha Azevedo. ‘‘When you love people tion to investing in railcars and tracks, it has ployed to Japan, Wake Island, Bermuda, and have the desire to make a profound, posi- established signaling systems and sixteen sta- Bangkok, and Thailand. tive impact upon the world, then you will have tions that directly connect its passengers to Garner retired in 1970 after 27 years of ac- accomplished the meaning to live.’’ For Ms. the Bay Area Rapid Transit (BART) system, tive duty service. He then became a civil serv- Davis this is the essence of her mission as an Santa Clara Valley Transportation Authority ant, kicking off a second, 20-year career with educator. buses, and Sacramento Regional Transit light the Social Security Administration. During Ms. Davis lives in Brooklyn, NY, and is mar- rails. those years, Garner also served with the ried to her wonderful husband Derrick and has Over the past twenty years, the Capital Cor- Texas State Guard, receiving numerous two daughters, Anaiya and Laila. ridor has experienced a 600 percent increase awards and citations and achieving the rank of Mr. Speaker, I urge my colleagues to join in ridership, up to 1.7 million passengers in Colonel. me in recognizing the profound accomplish- the 2010–2011 fiscal year. In all, it has carried An active community servant with the Plano ments of Ms. Nikita Davis to continue the fight nearly 19 million people to travel 1.3 billion VFW and Air Force Sergeant’s Association, of educating our youth. miles. With this popular intercity train service, Gamer continues to put others first. f the downtown Sacramento Valley Station is For these reasons, it is my pleasure to now the seventh busiest Amtrak station in the name Thomas Garner a recipient of the inau- THE REOPENING AMERICAN CAP- country. gural Congressional Veteran Commendation ITAL MARKETS TO EMERGING The Capitol Corridor has been managed by for the Third District of Texas. GROWTH COMPANIES ACT OF 2011 the Capitol Corridor Joint Powers Authority (CCJPA) since 1998. Previously, the Capitol f HON. STEPHEN LEE FINCHER Corridor was a partnership between Amtrak PERSONAL EXPLANATION OF TENNESSEE and Caltrans. The CCJPA consists of a part- IN THE HOUSE OF REPRESENTATIVES nership of six transit agencies from the coun- HON. LYNN C. WOOLSEY ties serviced by the Capitol Corridor. Oper- Thursday, December 8, 2011 OF CALIFORNIA ating funds for the CCJPA are provided by Mr. FINCHER. Mr. Speaker, unemployed IN THE HOUSE OF REPRESENTATIVES Caltrans. Administrative costs are kept down Americans are crying out for more jobs and because of the strong partnership between Thursday, December 8, 2011 urging Congress to review rules and regula- Amtrak, BART, Caltrain, Caltrans, CCJPA and Ms. WOOLSEY. Madam Speaker, on De- tions that stifle innovation, economic growth, Union Pacific Railroad. In the past twenty cember 7, 2011, I was unavoidably detained and job creation. I am introducing the Reopen- years, the Capitol Corridor has stayed major and was unable to record my vote for Rollcall ing American Capital Markets to Emerging accident-free and also improved lives by re- No. 898. Had I been present I would have Growth Companies Act of 2011 for one rea- ducing air pollutants and greenhouse gas voted: son: to increase job creation on Main Street. emissions. Rollcall No. 898: ‘‘Yes’’—Jackson Lee of Burdensome costs are discouraging compa- Mr. Speaker, I am honored to pay tribute to Texas Part B Amendment No. 6. nies from going public, which deprives firms of the Capital Corridor, and its record of giving f the capital needed to expand their businesses Northern Californians more transportation op- and hire more American workers. tions, on their 20th anniversary. I ask my col- A TRIBUTE TO NIKITA DAVIS During the last fifteen years, fewer and leagues to join me in honoring the Capitol fewer start-up companies have pursued Initial Corridor’s outstanding work in providing the HON. EDOLPHUS TOWNS Public Offerings (IPOs) to access the capital community with much needed services. OF NEW YORK needed to expand their businesses, develop f IN THE HOUSE OF REPRESENTATIVES innovative products, and hire new employees. The number of IPOs in the United States is ANNOUNCING RECIPIENTS OF THE Thursday, December 8, 2011 INAUGURAL CONGRESSIONAL slipping behind the rest of the world in terms Mr. TOWNS. Mr. Speaker, I rise today in VETERAN COMMENDATION FOR of growing our markets. Other markets are recognition of Ms. Nikita Davis for her passion THE THIRD DISTRICT OF TEXAS growing or holding steady, while the United for teaching and serving as a mentor to the States continues to decline. This is especially youth in her community. true in the Asian markets, which have seen an HON. SAM JOHNSON Ms. Davis was influenced at a young age by explosion of new public companies in recent OF TEXAS her peers and teachers to serve as a role years. IN THE HOUSE OF REPRESENTATIVES model for young adults in New York City. Since 2010, the Asian markets have had Thursday, December 8, 2011 When she attended Mary Louis Academy for nearly 700 new IPOs compared to less than Mr. SAM JOHNSON of Texas. Mr. Speaker, girls in Jamaica Estates, New York, her math- 300 in the United States during the same it is a privilege to announce before my col- ematics teacher made such a great impres- time-frame. Unfortunately, federal regulatory leagues in the United States House of Rep- sion on her that it has transcended into her burdens are a major contributing factor in the resentatives the names of eleven distin- current work. At the time Ms. Davis gained an steep drop of IPOs in the United States. guished military veterans and community serv- affinity for working with adolescents and other This decline is of concern because going ants who call the Third District of Texas home. students, tutoring and teaching them alongside public provides opportunities for companies to For their selfless service and dedication to her teachers. raise badly needed capital in order to expand, their neighbors and nation, the following indi- When Ms. Davis enrolled in Mount St. Mary reinvest, and create jobs. From 2008–2010, viduals have been selected as recipients of College and began studying mathematics and 21 percent of the United States GDP was gen- the inaugural Congressional Veteran Com- secondary education, she continued her work erated by venture capital-backed start-up commendation: with teens in the community. Upon completion panies. In addition, an August 2011 survey of Thomas C. Garner joined the United States of her undergraduate studies, Ms. Davis was CEOs conducted by the IPO Task Force found Army on March 5, 1943, eager to serve his offered a teaching position in the Mathematics that over 90 percent of job growth occurs after nation during World War II. Originally assigned Department of the NYC Department of Edu- a company goes public. to the revered 78th Infantry Division, Garner cation. She has served in this capacity for the Unfortunately, a series of ‘‘one-size-fits-all’’ soon applied and was selected for Army Air past eight years and truly loves the difference laws and regulations have changed the nature Corps pilot training. He served nearly a year she can make among the youth. of the United States’ capital markets and had abroad with the Air Corps, running an oxygen Ms. Davis reminds herself of how her grass- a disproportionate cost on smaller American generating plant on Guam in support of the B– roots involvement with her peers at a young public companies. Washington’s regulatory 29 bombers that raided Japan. age propelled her to this current post. To this oversteps have harmed American workers by Six months after the war’s end, Garner de- day Ms. Davis still works with students after eliminating jobs that are created when a start- cided to make military service his career and school for personal tutoring, and is a member up company decides to go public. Instead, to

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.005 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS December 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2211 avoid costly regulatory requirements, many IN HONOR OF THE LEMAY FIRE HONORING ERIC MASSARI companies decide to merge with others, which DISTRICT usually results in job cuts. HON. CHRISTOPHER S. MURPHY To help solve this problem, my bill would HON. RUSS CARNAHAN OF CONNECTICUT create a new category of issuers, called OF MISSOURI IN THE HOUSE OF REPRESENTATIVES ‘‘Emerging Growth Companies’’ that have less IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2011 than $1 billion in annual revenues when they Thursday, December 8, 2011 register with the SEC and less than $700 mil- Mr. MURPHY of Connecticut. Mr. Speaker, Mr. CARNAHAN. Mr. Speaker, I rise today lion in public float after the IPO. These compa- I rise today to honor the dedication and serv- to recognize the Lemay Fire District, which will nies will have as many as five years to transi- ice of Mr. Eric Massari of Waterbury, Con- be celebrating its 100th Anniversary in 2012. necticut, one of our nation’s distinguished he- tion to full compliance with a variety of federal The history of Lemay Fire District can be roes. regulations that are expensive and burden- traced back as early as 1902. Due to unre- Mr. Massari served in the 5307th Composite some to new companies. This ‘‘on-ramp’’ sta- stricted building, no fire protection, and bad Unit (Provisional), also known as ‘‘Merrill’s Ma- tus will allow small and midsize companies the roads, some insurance companies refused to rauders,’’ a group that operated in Southeast opportunity to save on expensive compliance write insurance in the Lemay area. So, after Asia during World War II. This elite and all-vol- costs and create cash needed to successfully several disastrous fires, the Luxemburg Im- unteer unit successfully conducted numerous grow their businesses and create new Amer- provement Association organized a volunteer daring missions behind Japanese lines. ican jobs. fire department in 1902. The Longwood Volun- Throughout their service, these volunteers I am proud to have Mr. CARNEY from Dela- teer Fire Department Fire Association was or- suffered from a multitude of illnesses and dis- ware and 26 additional co-sponsors from both ganized two years later to provide protection eases, extreme malnutrition and countless en- sides of the aisle join me in introducing this bill to the south side of Lemay. today. With unemployment holding steady just There still remained an area between the counters in which they were both outgunned under 9 percent, this bill would help bring in- two that had no fire protection, so a group of and outnumbered. By the end of the war, the vestments back to the United States and help citizens organized the Bismark Heights Volun- Marauders had advanced approximately 750 our best job creators put Americans back to teer Fire Department. The department added miles through one of the harshest jungles in work. equipment through the years but had experi- the world. Of the 2,750 men to cross enemy enced difficulty keeping track and caring for lines, only two were left alive who had not f the equipment. So in July 1911, the Bismark been hospitalized. Mr. Massari was one of Heights Volunteer Department incorporated so these two men, and explains that he ‘‘had the IN RECOGNITION OF DR. MARVIN it could have recourse to law to protect the good lord on [his] shoulders at all times.’’ ANDREW MCMICKLE equipment. This incorporation would eventu- The Marauders have received widespread ally lead to the Lemay Fire Protection District. and deserved recognition for their heroic acts. HON. MARCIA L. FUDGE In 1917 the Bismark Heights Volunteer De- There have been books, movies, and comic books depicting their brave encounters. OF OHIO partment changed its name to Dewey Heights Volunteer Fire Department, the change being Waterbury is lucky to have such a hero liv- IN THE HOUSE OF REPRESENTATIVES recorded in 1922. A fire house was built in the ing in Town Plot. Each soldier has been Thursday, December 8, 2011 summer of 1919 at the corner of Orient and awarded the Bronze Star, and the unit has been awarded a Distinguished Unit Citation. Ms. FUDGE. Mr. Speaker, on behalf of the Erskine Avenue. However, one of the most meaningful recogni- citizens of the Eleventh Congressional District On December 6, 1920 the Longwood and tions for Mr. Massari came in the form of a of Ohio, I rise today to recognize a religious Luxemburg Volunteer Fire departments were postcard that he received last month. It was a leader, constituent, and friend in my District. invited to consolidate with Dewey Heights as thank you card from a group of Chinese stu- At the beginning of January 2012, Reverend one organization. By 1921, both departments dents, who had recently learned about the Ma- Dr. Marvin Andrew McMickle will assume his turned their equipment and assets over to rauders in school. They wanted to express new full-time role of President at Colgate Dewey Heights. their appreciation for being rescued from the Rochester Crozer Divinity School. For the past In 1933, a tag system was introduced to pay Japanese by Massari’s unit some 67 years 24 years, Dr. McMickle has been the Pastor of for the protection which consisted of 1500 ago. Antioch Baptist Church, leading his flock and people. Later that year, full time firefighters Mr. Speaker, Eric Massari represents the many others to join him in the fight for social, were added, giving 24 hour service. In May 1942, the voters in the Lemay area kind of courage, honor, and character that all racial, and economic justice. Dr. McMickle’s approved a tax-supported fire district. The of us should admire. As a distinguished vet- travels to Israel, Greece, Austria, Senegal and Dewey Heights Fire Department was officially eran and a former employee at the Waterbury the West Indies are testaments of this effort to named the Lemay Fire Protection District. The Tool Company, Mr. Massari has spent his life uphold his teachings of justice. His leadership district operated out of the fire station located serving our country and the great state of in Northeast Ohio is unmatched. He served on at Erskine and Orient Avenue until 1992. Connecticut. I ask my colleagues and the en- numerous boards and led organizations, in- In 1979, the fire district added another serv- tire country to join me in honoring the service cluding President of the Cleveland NAACP be- ice to help the community; it hired paramedics of Eric Massari, and all of our veterans. tween 1989 and 1992. and established an ambulance service. The f Dr. McMickle’s many accomplishments can fire district not only responded to fires, but be attributed to his educational credentials. began treating and transporting sick and in- A TRIBUTE TO LAVERNE NIMMONS Over the years, Dr. McMickle has obtained jured people to the hospital. several post-secondary degrees, two of which In 1991, land was purchased, and a new HON. EDOLPHUS TOWNS are Doctorates from Princeton Theological firehouse was built at 1201 Telegraph Road in OF NEW YORK Seminary and Case Western Reserve Univer- central Lemay. The firehouse opened in 1992 IN THE HOUSE OF REPRESENTATIVES sity. He used his many years of education to and is still being used today. perpetuate the transfer of biblical knowledge The great flood of 1993 impacted the Lemay Thursday, December 8, 2011 and insight to instruct a Homiletics course at area and the Lemay Fire District responded to Mr. TOWNS. Mr. Speaker, I rise today in Ashland Theological Seminary in Ohio. In ad- help its citizens once again. The north part of recognition of Laverne Nimmons for her serv- dition to academic leadership, Dr. McMickle Lemay has been flooded causing propane ice towards educating the youth of Brooklyn has written numerous books, articles and ser- tanks to become loose and creating an expos- and her high expectations for her community. mons to serve as tools and guidelines for oth- ing hazard. With the help of many fire agen- Dr. Nimmons was born in South Carolina ers to develop their ministries. cies, the disaster was prevented and lives and migrated to Brownsville, Brooklyn in 1960 Congratulations to Colgate Rochester were saved. where her mother would instill in her a lifelong Crozer Divinity School for selecting such an The Lemay Fire Protection District continues passion for teaching. Dr. Nimmons’ mother exceptional man, husband, father and leader to serve the citizens of Lemay with twenty four was a teacher at PS 137K and eagerly and as their new President. Dr. McMickle will be firefighters. While many things have changed ambitiously pushed her daughter towards deeply missed in my district, but I know his over the last 100 years, the one constant that studying public education. Dr. Nimmons at- work at Colgate will continue to change the has remained the same has been the unwav- tended Queens College after the passing of world. ering commitment to the community. her mother and would receive her Bachelors

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.008 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E2212 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2011 and Masters degree in Education. She contin- on the 20th anniversary of its independence, manager of television station WGVL in Green- ued her educational pursuits, receiving her the Republic of Azerbaijan. Azerbaijan has ville, SC. His skills as a manager quickly Professional Degree in Administration and Su- been a good friend of the United States, co- brought him down to Alabama where he took pervision from St. John’s University, and a operating with us on the war on terror and the the reins of Birmingham radio station WSGN. PhD in Educational Leadership from Fordham program to prevent former Soviet nuclear From that point on, he would call Alabama’s University. weapons from falling into the wrong hands. largest city his home. In 2003, Dr. Nimmons began an eight year Azerbaijan has also provided important As vice president and general manager and career as Principal of Granville T. Woods Pub- logistical support to our forces in Afghanistan later president of WSGN, Ben transformed the lic School 335, which serves the predomi- and sent over 150 soldiers to assist us in our radio station into a dominant player in Bir- nantly African American, Crown Heights and efforts in that country. mingham and north Alabama broadcasting. Bedford Stutvesant Brooklyn neighborhoods. As a secular Shiite Muslim country, Azer- Under his leadership, WSGN—known as ‘‘The In this time Dr. Nimmons increased the pass- baijan has been a role model. Before Azer- Big 610’’— thundered across the airwaves ing rates in both mathematics and English baijan was incorporated into the Soviet Union with the Magic City’s first full-time ‘‘top 40’’ for- courses by 67% and 61% respectively. With in 1918, after the Russian Revolution, the mat. For those who listened to radio in the 50s the guide of Dr. Nimmons P.S. 335 made the country enjoyed a brief period of independ- and 60s, rock ’n roll was king. Under Ben’s di- transformation, showing most gains of any ence, and was the very first Muslim country to rection, WSGN proudly wore the crown in Bir- other 4th grade students in New York State in grant women the right to vote in 1918, two mingham radio and earned a spot as one of mathematics and English. This earned the years before the United States did so with the the nation’s top rock ’n roll stations. school the distinction of a National Blue Rib- ratification of the 19th Amendment. Upon his retirement after 28 years with bon Award. Azerbaijan has also enjoyed strong relations WSGN, Ben remained a strong voice in the Prior to becoming Principal at Granville T. with Israel and the over 12,000 Azeri Jews are state’s communications industry. As executive Woods School, Dr. Nimmons was the director treated as full members of that society. Unlike director of the Alabama Broadcasters Associa- of curriculum and instruction for Community most Muslim countries, Azerbaijan has full dip- tion, he was a frequent visitor to Washington, School District Sixteen. In this capacity she di- lomatic relations with Israel and has hosted DC to advocate on behalf of our local radio rected elementary and middle school Prin- Israeli President Shimon Peres on a state visit and television stations. He led the ABA for 18 cipals and teachers in professional develop- in 2009. Israel is also Azerbaijan’s 5th largest years before retiring a second time. ment activities in all curriculum areas. The dis- trading partner, and Azerbaijan provides over Mr. Speaker, Ben’s awards and accomplish- trict that was once one of the lowest per- one-sixth of Israel’s oil supply. As a result of ments are, frankly, too extensive to list here. forming in the city, now boasts better gains these strong relations, when almost 600 Israeli He was active in numerous major Birmingham than many other New York City school dis- citizens were stranded in Georgia at the be- area community service organizations for dec- tricts in similar socioeconomic communities. ginning of the Russian invasion of that country ades, ranging from board member of the Jef- Dr. Nimmons has been awarded many pres- and the Tbilisi Airport closed, Azerbaijan sent ferson County March of Dimes and the Bir- tigious awards for her dedicated service: the buses to the Georgian border to help evacuate mingham Chapter of the American Red Cross, Terrell Bell Award for Excellence in Leader- the Israelis. to president of the Jefferson County Chapter ship, Educator of the Year Award in 2009 and Mr. Speaker, today I would like to concur of the American Cancer Society—to name but 2011 from Education Update Magazine, and with President Obama’s statement on October a few. the 2010 Outstanding Educator of the Year 20, 2011 that ‘‘This 20th anniversary of inde- His remarkable career and many contribu- from the Association of Black Educators in pendence, and Azerbaijan’s achievements tions to society are further highlighted by an New York. Dr. Nimmons is currently a member during this time, demonstrate the extraordinary impressive array of recognitions including the of the Cahn Fellows Program for Distinguished promise and determination of the Azeri peo- Thad Holt Distinguished Broadcaster Award Public School Principals at Teachers College, ple. The United States is committed to devel- from the University of Alabama School of Columbia University. oping greater opportunities to work with the Communications, the Silver Plate Award from Dr. Nimmons’ leadership, compassion and Government and people of Azerbaijan.’’ the South Carolina Association of Broad- knowledge make her an example to all in our f casters, the Broadcaster of the Year Award community. Mr. Speaker, I urge my colleagues from the Alabama Broadcasters Association, to join me in recognizing the vast achieve- TRIBUTE TO BEN MCKINNON, and the National Association of Broadcasters ments of Dr. Laverne Nimmons. ‘‘GODFATHER OF BIRMINGHAM State Executive of the Year Award. RADIO’’ f On behalf of the people of Alabama, I wish to offer condolences to Ben’s daughters, Shar- THE 20TH ANNIVERSARY OF INDE- HON. JO BONNER on Bruns, Ellen McKinnon and Lisa McKinnon; PENDENCE FOR THE REPUBLIC OF ALABAMA and grandchildren and many friends. You are OF AZERBAIJAN IN THE HOUSE OF REPRESENTATIVES each in our thoughts and prayers. Ben was Thursday, December 8, 2011 well loved and will be sorely missed. HON. KATHLEEN C. HOCHUL f OF NEW YORK Mr. BONNER. Mr. Speaker, I rise to pay IN RECOGNITION OF THE CAREER IN THE HOUSE OF REPRESENTATIVES tribute to one of Alabama’s radio pioneers, Mr. Ben McKinnon, who recently passed away at AND ACHIEVEMENTS OF THE Thursday, December 8, 2011 the age of 89. An influential force in broad- HONORABLE NETTIE Ms. HOCHUL. Mr. Speaker, even though casting throughout the Southeast, Ben was MAYERSOHN we are approaching the conclusion of the wars perhaps best known as the ‘‘Godfather’’ of Bir- in Iraq and Afghanistan, we still live in a dan- mingham radio. HON. GARY L. ACKERMAN gerous world. But if we look back over the Born in Maxton, North Carolina, Ben grad- OF NEW YORK past two decades we can see that consider- uated from the University of North Carolina IN THE HOUSE OF REPRESENTATIVES able progress has been made. with an AB in Journalism. As the nation be- In 1991 the Soviet Union disintegrated, ac- came involved in the Second World War, Ben Thursday, December 8, 2011 cording to our late, great Senator Daniel Pat- answered his country’s call to duty by serving Mr. ACKERMAN. Mr. Speaker, I rise today rick Moynihan, a victim of ethnic tensions as a line officer in the U.S. Navy. Seeing ac- in recognition of the exceptional achievements among the various and diverse republics that tion in both the Atlantic and Pacific theatres, and outstanding career of New York State made up the USSR. Two decades later, much Ben led one of the major assault waves on Assemblywoman Nettie Mayersohn. Nettie change has taken place in the former Soviet Yellow Beach in Okinawa. was the political midwife to a generation of Union. Independent democracies have begun Upon returning home from the war, Ben young politicians in New York. She spent dec- to emerge where once there were just brutal traded his service pistol for a typewriter as ades working tirelessly for the people of dictatorships. The Cold War is now over and editor of three weekly newspapers in his home Queens, and I know I speak for many when I we no longer have the same types of de- county. But it wasn’t long before his gaze say that her recent retirement from the As- mands on our defense infrastructure prevalent turned toward the growing broadcast industry. sembly has truly marked the end of an era. of that era. He soon joined the staff of legendary Charlotte Nettie is being honored this week for her innu- There is one former Soviet Republic that I radio station WBT as local sales manager. merable accomplishments over many years by would like to single out today and congratulate Three years later he was hired as general the Stevenson Regular Democratic Club at its

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.008 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS December 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2213 annual dinner, and I would like to join in rec- thanking Nettie for a lifetime of dedication to San Francisco Bay Area, retiring as an educa- ognizing the profound impact that my very her community. tor and administrator from the Oakland Unified dear and long-time friend, Nettie Mayersohn, f School District. Ralph was a lifelong champion has had on our community. of equal education for all, services for the de- Nettie Mayersohn’s steadfast dedication to HONORING THE 10TH ANNIVER- velopmentally disabled, and support for Afri- Queens County began long before she was SARY OF THE EAST ALDINE can American families in our community. elected to the Assembly. For over 20 years, MANAGEMENT DISTRICT His passion and determined advocacy was she served as a community activist, making a in no small part the catalyst for establishing name for herself as an unrelenting advocate HON. GENE GREEN the Black Families Association of Contra for children and families in Queens. She was OF TEXAS Costa County (BFA) in 1973. As Founding a member of Community Board 8 for ten IN THE HOUSE OF REPRESENTATIVES Members, Mr. Griffin and his wife of 50 years, years, at one time serving as the Chairperson Norma, together with a small group of their Thursday, December 8, 2011 of its Youth Committee; she served as the peers saw the need for African Americans in Chairperson of the Pomonok Community Cen- Mr. GENE GREEN of Texas. Mr. Speaker, their community to have an outlet to discuss ter; and she continues to serve as a Demo- I rise today to recognize the tenth anniversary current events and provide support to one an- cratic District Leader, a role she has filled for of the East Aldine Management District for other. In an era where racism and biases still some three decades. Nettie also served as the their commitment to improving the safety and prevented equal access to housing and edu- Executive Secretary of the New York State development in East Aldine. cation, the BFA was a place where neighbors Crime Victims Board. In 1977, Nettie was New The District was created in June of 2001 could come together to guide and help one York State’s delegate to the International with the purpose to improve the physical, so- another through these challenges. It was and Women’s Conference and the recipient of the cial, and economic well-being of the commu- remains an organization that promotes cultural Builders of Brotherhood Award from the Na- nity. Their goal is to attract public and private heritage, pride, and dignity within the commu- tional Conference of Christians and Jews. She investments and promote the area as a lead- nity, and provides scholarships for deserving received a B.A. from Queens College in 1978, ing place to not only invest but also to work high school students. and was elected four years later to represent and live. Since then the District has gained the Ralph Griffin further extended his commit- the 27th District in the New York State Assem- power to finance public safety and transpor- ment to students’ access to higher education bly. tation projects as well as assist with environ- as a dedicated member of the Kennedy-King As an Assemblywoman, Nettie led the mental and economic development. Memorial Scholarship Fund. He was instru- charge to improve healthcare for New Yorkers District funding has improved the commu- mental in helping the Fund provide annual and defend the rights of victims of violent nity’s street conditions by adding pedestrian $8,000 college scholarships to students from crime. Nettie’s proudest and best-known crosswalks, signage to the streets and land- minority groups often under-represented at achievement was the 1996 passage of her scaping, making the area more attractive to California’s four-year colleges and universities. Baby AIDS bill, which requires doctors in New families and businesses. In the year 2010 It is due to Ralph’s commitment that so many York State to tell a mother if her newborn child alone, the District funded over $240,000 in of our brightest graduating high school stu- is HIV-positive. While the fight to enact this bill community projects. dents have been able to continue on to higher was, at times, a lonely battle, Nettie’s tenacity The District’s economic development pro- education. and fortitude resulted in a landmark law that gram provides across the board marketing and To Norma, their sons Stanford and Steven, has saved an untold number of lives and led public relations activities for the District to sup- and the entire Griffin family, I extend my heart- to an increase in the number of pregnant port business retention and encourage new felt condolences. Your loss is shared not only women who receive prenatal care. Among business within the District as well as expan- by those who knew Ralph personally, but also Nettie’s numerous other legislative accom- sion of small businesses. The development by all of those touched by his work. I ask my plishments are her HIV Rape Law, which re- program is successful due to the advanced colleagues to join me in remembering Mr. quires a court to comply with a rape victim’s media outreach which includes traditional Ralph Griffin, a courageous and compas- request to test the accused for HIV; her Part- methods such as print and mailings but also sionate man who shared his time and talent ner Notification Law, which requires the utilizes the District’s alliance with community freely for the betterment of our entire commu- names of those testing positive for HIV to be partners. nity. reported to the Department of Health for the Over the past ten years this community has f purpose of contact tracing and partner notifica- witnessed significant advancements but the CONGRATULATING SAN JACINTO tion; her Victim Impact Law, which allows the next ten years will bring even more economic COLLEGE ON ITS 50TH ANNIVER- victims of a crime to describe, in court, the ef- growth to the area. The District is located just SARY fect the crime has had on their lives; and her four miles away from Houston Intercontinental Food Service Law, which implemented crucial Airport and the Port of Houston is a mere HON. PETE OLSON health safety measures for food service work- twelve miles away, making the District a great OF TEXAS expansion location for manufacturing, ers. IN THE HOUSE OF REPRESENTATIVES Nettie Mayersohn’s unwavering commitment warehousing, and distribution companies. to AIDS policy inspired the Beyond AIDS I congratulate the President and CEO David Thursday, December 8, 2011 Foundation to create the Nettie Award—an an- Hawes, Board Chairman Gerald Overturff, the Mr. OLSON. Mr. Speaker, I rise today to nual honor that recognizes outstanding efforts entire East Aldine District staff, and the many congratulate San Jacinto College on its fiftieth to promote HIV prevention and control in the other volunteers that have dedicated their time anniversary. For fifty years, San Jacinto Col- United States and across the world. Nettie to improving their community. lege has provided high quality education to the herself was given a special Nettie Award from f citizens and communities of East Harris Coun- Beyond AIDS in 2002, in recognition of her ty, Texas. Congratulations to San Jacinto Col- leadership on HIV/AIDS issues. That year, she HONORING RALPH STANFORD lege for a wonderful half-century of empow- also received the Public Service Award from GRIFFIN ering students to achieve their goals. the National Alliance for the Mentally Ill. San Jacinto College first opened its doors After 28 years of tireless service, Nettie re- HON. GEORGE MILLER on Sept. 18, 1961, in a downtown Pasadena tired from the Assembly at the beginning of OF CALIFORNIA storefront, with an initial enrollment of 700 stu- April 2011 so she can spend time more with IN THE HOUSE OF REPRESENTATIVES dents. Thanks to their passion for helping stu- her wonderful family. While I lament Nettie’s dents succeed, the college has grown to serve Thursday, December 8, 2011 retirement from an impressive career as a more than 30,000 students in 140 disciplines, public servant, she will remain my lifelong Mr. GEORGE MILLER of California. Mr. and it continues to expand. friend. We are all beyond grateful for every- Speaker, I rise today to remember and pay A leader in comprehensive learning, San thing she has done to help New Yorkers. I tribute to the tremendous contributions made Jacinto College recently earned recognition for wish her all the best in her retirement—she to our community by my friend and con- being a veteran friendly college and was will be sorely missed in public life. stituent, Ralph Stanford Griffin, who passed named an Achieving the Dream Leader Col- Mr. Speaker, Nettie Mayersohn is a one-of- away on December 1, 2011. lege. This establishment plays a critical role in a-kind leader and I ask my colleagues to join Ralph Griffin, a native of San Antonio, improving the educational experience of the me in recognizing her accomplishments and Texas, worked and raised his family in the hard working citizens in our communities.

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.012 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E2214 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2011 Access to quality education is an important Bush-Quayle in 1988 and 1992. After retiring School painters joined other area business- stepping stone to achieve the American dream from politics, he was appointed Commissioner men and academics to form the Met in 1870. of a better life. San Jacinto College provides of the Alabama Beverage Control Board by Bierstadt met with the President, and other a valuable opportunity for people throughout then-Governor Bob Riley in 2003. During his painters of the School served as trustees or our communities to access higher education. time in that post, he streamlined and modern- as members of the executive committee. As President Kennedy once said, ‘‘Our ized the ABC to make it more efficient. Today, many of Bierstadt’s works hang in the progress as a nation can be no swifter than Mr. Speaker, on behalf of the people of Ala- Met alongside works by many other Hudson our progress in education. The human mind is bama, I wish to send my heartfelt condolences River School painters, as well as other institu- our fundamental resource.’’ to his wife, Anita; their children, Wilson Bibb tions like the Smithsonian American Art Mu- The achievements of San Jacinto College and Margaret; and their grandchildren; as well seum, and the Museum of Fine Arts in Boston. bring pride to Houston and all of Texas. Con- as his sisters, Miriam and Anne, and many Mr. Speaker, I encourage Americans of all gratulations to San Jacinto College for fifty friends. You are all in our thoughts and pray- ages to take the time to view these paintings years of excellence and to a bright future ers. and consider the beauty and greatness of ahead. f these landscapes, both on canvas and in the f wilderness. HONORING ALBERT BIERSTADT f TRIBUTE TO MONTGOMERY, AND THE HUDSON RIVER ALABAMA MAYOR EMORY FOLMAR SCHOOL OF PAINTING THE FAILURE TO PROTECT FARM- ERS AND RANCHERS FROM COR- HON. JO BONNER HON. JARED POLIS PORATE ABUSES OF ALABAMA OF COLORADO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. MARCY KAPTUR OF OHIO Thursday, December 8, 2011 Thursday, December 8, 2011 IN THE HOUSE OF REPRESENTATIVES Mr. BONNER. Mr. Speaker, I rise to give Mr. POLIS. Mr. Speaker, I rise today to call Thursday, December 8, 2011 tribute to an Alabamian whose patriotism and attention to a change in the Capitol Visitors Ms. KAPTUR. Mr. Speaker, I rise today to devotion to country made him a leader early in Center. Two paintings by the prominent 19th express my disappointment with the U.S. De- life and carried him to prominence in business century painter Albert Bierstadt have recently partment of Agriculture’s (USDA) Grain In- and public service in later years. I am speak- been returned to the Capitol Complex by the spection, Packers & Stockyards Administra- ing of former Montgomery Mayor Emory Architect of the Capitol. Originally purchased tion’s (GIPSA) final rule that was supposed to Folmar, who passed away on November 11 at after the Civil War, ‘‘Discovery of the Hudson protect our Nation’s farmers and ranchers the age of 81. River’’ and ‘‘Entrance into Monterey,’’ are part from abusive practices in the livestock indus- Emory Folmar was born in Troy, AL, in 1930 of the first indigenous American school of try. and moved to Montgomery when he was four- painting, called the Hudson River School. This Simply put, the final rule is inadequate and teen. After graduating from Sidney Lanier High movement was not just restricted to beautiful shows the power big corporate packers and School in 1948, he attended The University of landscapes—it also had an important influence processors have in this country. The final rule Alabama, receiving a BS in Business in just on American culture, recreation, and con- does not include about half of the protections three years while serving as cadet colonel of servation. it did in a previous draft. the Army ROTC. Though the Hudson River School originated Congress had to direct USDA in the 2008 After college, he received an Army commis- in upstate New York, painters soon began farm bill to establish a set of comprehensive sion and went to Ft. Benning, GA for para- traveling widely to study and capture new protection rules because the department was chute training and instructors’ schools where scenes. These travels took the painters to Eu- so slow in responding to the changing market- he was assigned to the 11th Airborne Division rope, the Middle East, North Africa, South place that has become so slanted toward cor- attached to the 2nd Infantry Division. He mar- America, and the American West. Bierstadt is porate packers and processors that we are ried Anita Pierce in February 1952 and was one of the most prominent artists of the West- losing small farmers at a rapid pace. deployed to Korea that summer. Wounded in ern United States, and has a strong connec- The average American chicken grower action, he received the Silver Star, the Bronze tion to my district in Colorado. makes 34 cents per bird while the processing Star and the Purple Heart. At the rank of lieu- In 1859, Bierstadt traveled to my home corporation makes $3.23 per bird. With a profit tenant, he received the French Croix de State of Colorado and to Wyoming, then terri- margin of 34 cents is it any wonder that we Guerre as a result of his actions with the 23rd tories, with a government surveyor. The large- have lost over 460,000 small-scale farms Regiment of the 2nd Infantry Division and scale landscapes he painted from his notes since 1982. French troops. and sketches from this trip prompted the cre- USDA claims it is committed to ensuring a Following his service in Korea, he was as- ation of many more paintings back in his stu- fair and transparent marketplace. How can we signed to Ft. Campbell, Kentucky, as an Air- dio. Bierstadt’s depiction of the craggy peaks have a fair and transparent marketplace when borne Jump Master until 1954. He then moved of the Rockies, the Sierra Nevada, and in Yo- we allow corporations to force farmers to sign to Montgomery to join his brother James semite, among others, resulted in the chris- production contracts where one farmer is paid Folmar and Henry Flynn in home construction. tening of Mount Bierstadt in my district. less than another despite producing the same The Folmar brothers’ business later expanded In the 1870s, Congress purchased several livestock because there is no way for farmers to include large commercial shopping center of Bierstadt’s works, including the two that to determine fair product value since there is construction throughout the Southeast. hang today in the CVC. These same paint- no contract disclosure requirement. In 1975, he entered politics at the urging of ings, and other Western landscapes by Hud- In addition, how can USDA claim it supports his son David, first running for Montgomery son River School painters, coupled with a a fair marketplace when it fails to clearly de- city council. He was soon elected president of growing environmental conservation move- fine conduct that is a violation of law? How the city council and then became Mayor of ment, inspired Congress to protect this natural are farmers supposed to know when they are Montgomery from 1977 till 1999. His time in beauty through the creation of Yellowstone being taken advantage of when the govern- office was marked by economic growth and an and Yosemite National Parks. Later, these mental agency tasked with protecting them emphasis on law and order. paintings were used again to prompt the for- does not tell them what types of practices are Mayor Folmar ran as Republican for gov- mation of the National Park Service. a violation of the law? ernor in 1982 against former Democrat Gov- This is just one example of the Hudson This House has not helped our Nation’s pro- ernor George C. Wallace. Although he did not River School of Painters’ legacy. The School ducers either. We recently passed legislation win the election, Emory made the strongest emphasized realistic, highly detailed scenes that withholds funding from USDA to move for- showing of any Republican running for gov- that were very popular over the 19th century. ward with establishing more comprehensive ernor since reconstruction to that time. These works captured the beauty and variety fairness rules. Ultimately, we set the USDA up Very active in Republican politics on the of the American landscape. to fail and farmers and ranchers will suffer be- state and national levels, he also served as Painters from the Hudson River School also cause corporate special interests have a campaign chairman for Ronald Reagan’s fi- had a hand in the foundation of the Metropoli- stronger lobby than America’s producers. nance committee in 1980; state chairman for tan Museum of Art in New York City. Inspired While the final rule will prevent some of the President Reagan in 1984; and chairman for by the artistic culture of the capitals of Europe, most abusive practices in the poultry industry,

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.015 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS December 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2215 it largely fails to protect farmers and ranchers today to congratulate Handley High School of torical event in my home state, the 200th Year specifically in the pork and beef industry. Nev- Roanoke, Alabama, on winning its first Ala- of Celebration of the founding of Citronelle, ertheless, I will continue to fight to protect our bama Class 3A championship football title in Alabama. farmers and ranchers from further corporate 90 years. Located in northwest Mobile County, abuses and urge the USDA to enforce existing Rallying from a 14–7 deficit late in the fourth Citronelle may not be a household name na- laws designed to regulate corporate packers quarter, Handley came back to win the game tionwide, but over a hundred years ago the and processors. 20–14 in stirring fashion with a goal-line stand friendly and charming small town was a pop- f in the final seconds. Led by their coach, Mike ular stop for Northern vacationers. To the resi- Battles, this team showed the type of grit and dents of such bustling Midwestern cities as IN RECOGNITION OF JOHN M. determination that we should all try to emulate Cleveland and Chicago, the name Citronelle DUGAN during these difficult times. conjured images of healing springs and bu- Originally opened in 1848 as the Roanoke colic Southern vistas. HON. JOHN GARAMENDI Academy, it was the first school in the city. In the early 20th century, Citronelle was OF CALIFORNIA After various changes through the years, the known as the ‘‘Land of Healing Waters,’’ IN THE HOUSE OF REPRESENTATIVES name of the school finally settled on Handley owing to its mineral springs which a 1903 pub- Thursday, December 8, 2011 High School in 1910 to honor the memory of lication compared to the famous Poland a Confederate soldier, Captain William Ander- Springs of Maine. Mr. GARAMENDI. Mr. Speaker, I rise today son Handley. The late Captain had gifted the Located along the main line of the Mobile in honor of Police Sergeant John M. Dugan, land which supports the campus today in ex- and Ohio Railway, for many years Citronelle who is retiring after nearly 30 years of law en- change for one dollar. was celebrated not only for its prized thera- forcement service to the City of Fairfield. As Known for its strong music, band and the- peutic waters, but also for its ‘‘salubrious’’ air his colleagues, friends and family gather to- atre department, Handley has always been which was reported to aid in the treatment of gether to celebrate the next chapter of his life, known to offer its students excellent opportuni- respiratory disorders. Indeed, the small town I ask all of my colleagues to join me in salut- ties to pursue artistic endeavors. Now it has a soon sported four very nice guest accom- ing this outstanding public servant and de- football program it can brag about too. modations, including the Illinois Hotel, the fender of peace and safety. Congratulations to Handley High School, Hygeia Hotel and the Hotel Citronelle. The John started his career of service as a Fire- Principal Gregory Foster, Superintendant Hygeia Hotel Cottage still stands today and is fighter for the California Department of For- Chuck Marcum and all their fans on their State a local tourist attraction. estry and the City of Paradise. On March 19, Championship. Go Tigers! It is not surprising that Citronelle would have 1982, he was hired as a Public Safety Officer f gained a reputation as a haven for rest and with the Fairfield Police Department. As an of- good health. In the late 1700’s, the area was ficer, John worked in various capacities that SUPPORT OF TIME WARNER already destined for fame because of its cura- included Patrol, Investigations, Special Oper- CABLE tive properties. Native Americans in Southwest ations, and Field Training. Alabama told European settlers about a John was promoted to Police Sergeant on HON. CAROLYN B. MALONEY unique plant thought to cure malaria. The mir- July 22, 1994, and ultimately supervised a OF NEW YORK acle plant—which was named ‘‘Citronella’’— number of different units including Patrol, Traf- IN THE HOUSE OF REPRESENTATIVES was discovered growing in abundance along fic, Crime Suppression, and Youth Services. In Thursday, December 8, 2011 the hills that would eventually be known as 2000, he earned the California Highway Pa- Mrs. MALONEY. Mr. Speaker, I rise today Citronelle. trol’s 10851 Award for recovering 12 stolen to commend Time Warner Cable, which is Along Citronelle’s historic journey, the com- vehicles in eight months; three of which were headquartered in my district, for its investment munity also found improbable ways to add to occupied vehicles. Sergeant Dugan was a in local television news coverage, specifically its remarkable resume. For example, we all strong, decisive, professional, and respected for opening a Washington, D.C., news bureau learned in school that Gen. Robert E. Lee sur- leader. As a result of these superb traits, he that will cover stories and events here in rendered to Gen. Ulysses S. Grant at Appo- received the Manager of the Year award in Washington that are important to the commu- mattox Court House, Virginia on April 8, 1865. 1999 and 2006. nities served by its 14 local news channels What some may not have been told in class In 2007 and 2010, as the Police Department throughout the country. is that less than a month later, on May 4, Lt. experienced changes in leadership and com- Mr. Speaker, Time Warner Cable is dedi- Gen. Richard Taylor, son of President Zachary mand staff, Sergeant Dugan stepped in and cating significant resources to high quality Taylor, surrendered his Confederate forces assisted the City management in filling the local news channels that provide critical local under the ‘‘Surrender Oak’’ in Citronelle, Ala- gaps. Over the last four years, he has as- news, weather, traffic and sports coverage in bama. Citronelle was, therefore, one of five sumed the Police Lieutenant’s position twice the local communities that they serve. These Civil War surrender locations. The legendary and managed Patrol Operations. Sergeant stations are good for the public, and for our oak tree was sadly lost to a hurricane many Dugan has a can-do attitude and he consist- republic, at a time when many local television years ago, but the town’s contribution to ently provides quality service to the community news budgets are being cut and local news- John has been a valued employee and his American history is undeniable. papers are cutting back, too. Thus it is impor- In addition to being a site of the official end commitment to the community was evidenced tant to note the rare times when we see new of the Civil War, Citronelle has also occupied on a daily basis. He was a loyal representative investment in local news coverage. the spotlight as a potential rival to America’s of the law enforcement community and ad- I applaud Time Warner Cable for recog- Western oil fields. In 1955, Citronelle was mired for his hard work, dedication, and posi- nizing the importance of local news, for invest- dubbed the Oil Capital of Alabama and home tive work ethic. ing in it, and creating jobs while providing this to the largest oil discovery east of the Mis- Mr. Speaker, I am truly honored to pay trib- critical service to its customers—many of ute to this dedicated public servant. I ask all sissippi River at that time. whom are my constituents. With more local Over the years, the sometimes sleepy town of my colleagues to join with me in wishing news coverage, it’s a certainty that we will has capitalized on its quaint atmosphere, tout- John M. Dugan continued success and happi- have a better informed citizenry, which can ing its ‘‘delightful walks through the woods ness in all of his future endeavors. only improve our nation. (that) always charm the man or woman who f f seeks rest and recreation away from the busy IN RECOGNITION OF THE CELEBRATING THE 200TH ANNI- city.’’ Today, Citronelle remains a beautiful HANDLEY HIGH SCHOOL STATE VERSARY OF THE FOUNDING OF place to live filled with hard-working, dedicated FOOTBALL CHAMPIONSHIP CITRONELLE, ALABAMA people who love their God, their country and their families. I am proud to represent this HON. MIKE ROGERS lovely city in Congress. HON. JO BONNER On December 10, 2011, I will join Mayor Lo- OF ALABAMA OF ALABAMA retta Presnell, and other city officials, along IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES with the people of Citronelle, in celebrating the Thursday, December 8, 2011 Thursday, December 8, 2011 birthday of their historic city. Older than the Mr. ROGERS of Alabama. Mr. Speaker, I Mr. BONNER. Mr. Speaker, I rise to bring to State of Alabama, Citronelle occupies a spe- would like to request the House’s attention the attention of this House a very special his- cial place in our culture and in our hearts.

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.017 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E2216 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2011 Congratulations to the City of Citronelle on this possible to find out who the people really are colleagues, I want to see an end to the illegal special occasion and a very Happy 200th that sell the chemicals or premade products. manufacture, sale, and use of synthetic drugs birthday! May there be many more good years When it’s all said and done, it is American that mimic the properties of illegal drugs. teens who are being endangered and experi- ahead in the next chapter of your rich history. mented with. Many of these drugs are extremely dangerous f Let’s be bold and put a stop to the newest and warrant control. In fact, some 30 states, drug trends that are sweeping across our na- including Hawaii, have laws that address the PERSONAL EXPLANATION tion like a tidal wave—Jan Rozga, Indianola, manufacture, sale, and use of synthetic drugs. IA I am concerned, however, that we may be HON. BARBARA LEE f moving too fast. I would prefer to see a bill that is as important as this considered under OF CALIFORNIA IN RECOGNITION OF JOHN KATZ IN THE HOUSE OF REPRESENTATIVES regular order, with members having an opportunity to offer amendments. I am hoping that Thursday, December 8, 2011 HON. DON YOUNG the Senate will take a more measured ap- Ms. LEE of California. Mr. Speaker, had I OF ALASKA proach in considering this legislation. been able to vote, I would have voted ‘‘yes’’ IN THE HOUSE OF REPRESENTATIVES I am especially concerned about the appli- on the Democratic Motion to Recommit H.R. Thursday, December 8, 2011 cation of mandatory minimum sentences and 10. Mr. YOUNG of Alaska. Mr, Speaker, I rise Schedule I penalties that are included in this f today to honor one of Alaska’s most distin- bill. I support judicial discretion, especially guished, faithful, and respected public serv- when the lives and futures of young people SYNTHETIC DRUG CONTROL ACT are involved. OF 2011 ants, John Katz. Fresh out of Berkley Law, he boldly moved I know too that there are concerns that this could impede legitimate scientific research of SPEECH OF to Alaska and made a decision to embark upon a life of selfless public service to the chemical compounds listed in this bill. Adjust- HON. TOM LATHAM people of Alaska. Among his first few jobs in ments to this legislation may be needed to en- OF IOWA public service were being Alaska Commis- sure that we don’t hinder development of fu- IN THE HOUSE OF REPRESENTATIVES sioner of Natural Resources and special coun- ture biomedical breakthroughs. We need to make sure the legislation tar- Wednesday, December 7, 2011 sel on land-use issues, before being appointed the Governor’s man in Washington D.C. in gets those most responsible for widespread Mr. LATHAM. Mr. Speaker, I submit the fol- 1983. distribution of these drugs. Most important, we lowing letter from one of my constituents with His departure can only be described as an need to find ways to keep our young people respect to the debate on H.R. 1254 that oc- enormous loss for our great state. For more from using synthetic drugs. Education of par- curred on December 7, 2011. than 40 years, and spanning eight governors, ents and young people is badly needed as is DEAR CONGRESSMAN LATHAM: Regarding he has served Alaska with unwavering com- market regulation to reduce the availability and the Synthetic Drug Control Act, as you mitment, integrity, and with the utmost level of misuse of certain household and industrial know I am a mother who lost her son to professionalism. Having worked with him for aerosol products. Adding to our already these drugs and I can’t stop myself from re- almost 30 of those years, I have little doubt crowded prisons is not a real solution to the acting to the opposition on the floor yester- very real problem of synthetic drugs. day. that his loyalty to and knowledge of Alaska is Hundreds of chemical compounds are used second to none. f to make synthetic drugs manufactured under Through thick and thin, his dedication to the guise of bath salts, plant food, k2 and Alaska was evident to everyone who worked THE CENTENNIAL SEASON OF THE various names of synthetic marijuana—with with him. Over the years he has always put SAN FRANCISCO SYMPHONY the sole purpose being to ingest. These drugs the needs of Alaska first, no more so than are smoked, snorted, injected, or put into when he delayed his retirement at the request drinks. The label may say they are not for HON. NANCY PELOSI human consumption, but they are implicitly of Governor Frank Murkowski. His reputation of being calm and cool under OF CALIFORNIA being sold as such. IN THE HOUSE OF REPRESENTATIVES Yet those opposing H.R. 1254 argue that pressure is well known and his ability to work not enough research has been done to prove well with Republicans and Democrats alike Thursday, December 8, 2011 whether or not these already banned and po- should be emulated by others here in Wash- Ms. PELOSI. Mr. Speaker, it is with great tentially future banned chemicals would ington. He once said his greatest disappoint- pride and joy that I join my constituents in bear any medical benefit. ment was being unable to open up ANWR and To the contrary, not only have the syn- celebration of the centennial season of the I share that disappointment with him. San Francisco Symphony. Its illustrious history thetic drugs included in this legislation But despite ANWR, he was an integral part failed to show medicinal promise, but the is marked by commitment to artistic excellence of every positive development to happen to Controlled Substances Act would still allow and innovation; its future is sustained by its research on these synthetic drugs to con- Alaska in the last three decades including large and loyal base of supporters. tinue if H.R. 1254 were enacted. Alaska Native rights, fisheries management, One hundred years ago today, December 8, Under current law, researchers, univer- protecting Alaska’s sovereignty, and natural 1911, the Symphony gave its first perform- sities and labs may register with the Drug resource development. After all the work ance. In recognition of this historic occasion, Enforcement Agency (DEA) to obtain Sched- we’ve done together, I will do my utmost to ule I controlled substances for scientific on September 7, 2011 we began a year-long continue this legacy for the good of Alaska. celebration with a free outdoor concert at the study. DEA allows thousands of labs to han- He is exactly the kind of public servant who Civic Center Plaza with Conductor Michael dle Schedule I drugs for scientific and inves- gives public service a good name. My staff tigative purposes. Chemicals with ‘‘a high Tilson Thomas, pianist Lang Lang and violinist and I will miss working with him, but I hope potential for abuse’’ and ‘‘a lack of accepted Itzhak Perlman. This concert demonstrated the that our paths will continue to cross. safety’’ under the Controlled Substances Act San Francisco Symphony’s value of making Thank you for your service to Alaska, John, should be placed under Schedule I—available music available to everyone. The founders be- for scientific study but not sold on conven- and I wish you all the best in the future. lieved music was a source of enrichment and ience store shelves. f The reality is that without H.R. 1254, our pleasure intended for all and not the province society will continue to allow informal, un- SYNTHETIC DRUG CONTROL ACT of the privileged few. Reaching broader audi- supervised and unethical medical experimen- OF 2011 ences has always been a priority, from record- tation—with our kids as the subjects. It beings and radio broadcasts in the 1920s to gins with unscrupulous manufacturers ob- SPEECH OF video and internet today. Today the San Fran- taining unknown chemical compounds from HON. MAZIE K. HIRONO cisco Symphony has accomplished one of its other countries. It is either manufactured early goals, to offer music to a city, to a Na- overseas here or in our own backyard. These OF HAWAII tion and to the world. drugs are openly sold to those ‘‘18 years or IN THE HOUSE OF REPRESENTATIVES To help commemorate the centennial over older’’ and can be purchased at gas stations, Wednesday, December 7, 2011 convenience stores and head shops around the next year, San Franciscans will welcome this country. Its availability is rampant on Ms. HIRONO. Mr. Speaker, I am voting for notable performers and six of our Nation’s the internet as well. It is difficult if not im- this legislation because, like the rest of my greatest orchestras will visit San Francisco:

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.012 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS December 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2217 the Boston Symphony, the Chicago Sym- among Americans, including President Bush approach to eliminating the practice of racial phony, the Cleveland Orchestra, the Los An- and Attorney General Ashcroft, that racial profiling through this legislative effort. I hope geles Philharmonic, New York Philharmonic profiling was a tragic fact of life in the minority that we do not miss this historic opportunity to and the Philadelphia Orchestra. community and that the Federal government heal the rift caused by racial profiling and re- The centennial presents a wonderful oppor- should take action to end the practice. More- store much of the community’s confidence in tunity to honor the Symphony’s robust musical over, many in the law enforcement community law enforcement. history, starting with the Barbary Coast. Over have acknowledged that singling out people f the past century, the Orchestra has grown in for heightened scrutiny based on their race, stature and acclaim under the leadership of ethnicity, religion, or national origin had erod- SUPPORT OF KAISER PERMA- eminent music directors, including Pierre ed the trust in law enforcement necessary to NENTE’S INITIATIVE TO PRO- Monteau, Seiji Ozawa, Herbert Blomstedt, and appropriately serve and protect our commu- MOTE BREASTFEEDING AND since 1995 Michael Tilson Thomas. nities. PREVENT CHILDHOOD OBESITY Michael Tilson Thomas has brought pride to At a recent Judiciary Committee hearing on all San Franciscans. He has served as Music the issue of racial profiling, we approached the HON. FORTNEY PETE STARK Director for 15 years, and this is his 25th sea- issue from the perspective of ‘‘smart policing’’ OF CALIFORNIA son as Artistic Director of the New World Sym- and what makes sense in a time of austerity IN THE HOUSE OF REPRESENTATIVES phony—an academy for training the next gen- in the face of the continuing need to protect Thursday, December 8, 2011 eration of orchestral musicians. A recipient of public safety. I believe that it became clear the 2010 National Medal of Arts, the highest during the hearing that enough agreement ex- Mr. STARK. Mr. Speaker, I rise in support of award given to artists by the President, and ists to allow us to re-open the bipartisan dia- a new Kaiser Permanente initiative to encour- winner of seven Grammy Awards, Thomas logue on racial profiling commenced by Presi- age breastfeeding as an important component has been a remarkable mentor and supporter dent Bush and Attorney General Ashcroft. of preventing childhood obesity and promoting to many young artists, and he has educated Despite the fact that the majority of law en- other health benefits. Kaiser is implementing a millions about the joy of music. forcement officers perform their duties profes- systemwide program to ensure mothers are The San Francisco Symphony provides the sionally and without bias—and we value their provided ample breastfeeding education and most extensive education and community pro- service highly—the specter of racial profiling support. They will track their successes as a grams offered by any American orchestra. has contaminated the relationship between the measure of hospital quality. Concerts for children have been part of the police and minority communities to such a de- Research suggests breastfeeding has mul- programming from the beginning and the gree that federal action is justified to begin ad- tiple benefits for baby and mother alike. groundbreaking Adventures in Music program, dressing the issue. Breastfed babies have a lowered risk of child- now over 20 years old, provides music edu- While the Department of Justice promul- hood obesity as well as allergies, asthma, and cation and free concerts to every first through gated a series of guidelines in 2003 which sudden infant death syndrome. Nursing re- fifth grader in San Francisco’s public were designed to end the practice of racial duces a mother’s risk of post-partum depres- schools—75,000 children each year. profiling by federal law enforcement agencies, sion, Type 2 diabetes, ovarian and breast can- We offer special congratulations to John these measures do not reach the vast majority cer. Goldman, the Symphony’s President, whose of racial profiling complaints arising from the Family- and patient-centered prevention ini- generosity and family philanthropy have had a routine activities of state and local law en- tiatives like this will play an enormous role in dramatic impact on the quality of life in the forcement agencies. Further, the guidelines battling America’s toughest health care chal- San Francisco Bay Area. The Symphony is provide no enforcement mechanism or meth- lenges. Kaiser’s new breastfeeding initiative is blessed with an active board of governors with ods for identifying law enforcement agencies an example of how a commitment to preven- deep philanthropic and social ties to our City not in compliance and, therefore, fail to re- tion can positively impact health outcomes. as well as tremendous public support. Thank solve the racial profiling problem nationwide. Health care in America must shift from its you to the Symphony’s brilliant musicians, In this instance, there is no substitute for com- singular focus on treating disease to incor- dedicated staff and volunteers. prehensive federal anti-profiling legislation. porating a strong commitment to prevention. I The first one hundred years of the San The End Racial Profiling Act is designed to encourage other major health care providers Francisco Symphony have been distinguished eliminate racial, ethnic, religious, and national to follow Kaiser’s example. by outstanding concerts of the highest quality. origin profiling that is well documented. First, f Its second century is certain to be just as suc- the bill provides a prohibition on racial MOURNING THE LOSS OF MARTINA cessful. profiling, enforceable by declaratory or injunc- DAVIS-CORREIA, SISTER OF f tive relief. Second, the bill mandates that training on racial profiling issues as part of Federal TROY ANTHONY DAVIS INTRODUCTION OF END RACIAL law enforcement training, the collection of data PROFILING ACT OF 2011 on all routine or spontaneous investigatory ac- HON. JOHN LEWIS tivities that is to be submitted through a stand- OF GEORGIA HON. JOHN CONYERS, JR. ardized form to the Department of Justice. IN THE HOUSE OF REPRESENTATIVES Third, the Justice Department is authorized to OF MICHIGAN Thursday, December 8, 2011 IN THE HOUSE OF REPRESENTATIVES provide grants for the development and implementation of best policing practices, such as Mr. LEWIS of Georgia. Mr. Speaker, I come Thursday, December 8, 2011 early warning systems, technology integration, to the floor today with a heavy heart. Martina Mr. CONYERS. Mr. Speaker, I am pleased and other management protocols that discour- Davis-Correia, the older sister of executed to introduce the End Racial Profiling Act of age profiling. Finally, the Attorney General is Georgia prisoner, Troy Anthony Davis, died 2010, along with additional cosponsors. This required to provide periodic reports to assess last week in Savannah. She was the most out- legislation represents a comprehensive federal the nature of any ongoing discriminatory spoken advocate of the ‘‘I Am Troy Davis’’ commitment to healing the rift caused by racial profiling practices. clemency campaign, which spread to countries profiling and restoring public confidence in the Decades ago, with the passage of sweeping all around the world. Correia traveled far and criminal justice system at-large. This legisla- civil rights legislation, this country made clear wide to any group that would give an ear in a tion is designed to enforce the constitutional that race should not affect the treatment of in- strenuous effort to save her brother’s life. De- right to equal protection of the laws by elimi- dividual Americans under the law. However, spite several commutations of his sentence, nating racial profiling through changing the recent events demonstrate that racial profiling Davis was killed by lethal injection in Georgia policies and procedures underlying the prac- remains a divisive issue that strikes at the in September of this year. The Davis case has tice. very foundation of our democracy. When law- helped turn the tide of public opinion in the This legislation can be traced back to the abiding citizens are treated differently by those struggle for repeal of the death penalty. data collection efforts of the late 1990’s that who enforce the law simply because of their I am deeply saddened to hear about the were designed to determine whether racial race, ethnicity, religion, or national origin, they passing of Martina Davis-Correia. The agony profiling was a fact versus an urban legend. are denied the basic respect and equal treat- of this death sentence and execution has Based upon the work around that legislation, ment that is the right of every American. With killed not just one man, but has decimated an by September 11, 2001, there was significant the cooperation of the Administration, we have entire nuclear family. After 22 years of strug- empirical evidence and wide agreement the opportunity to develop a comprehensive gle, Davis’s mother died in the spring, her son

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.023 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E2218 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2011 was killed by the state of Georgia in Sep- tion as President and Chief Executive Officer nology in the classroom and I was amazed to tember, and now her daughter has died. of the Visiting Nurse Association Health see students that were previously low per- Correia was a brave and courageous woman Group, Inc. to assume the same position at formers academically and at risk of dropping who was her brother’s most stalwart advocate the Visiting Nurse Service of New York. Her out of school, engaged and eager to learn. My for clemency. She was an angel of mercy who dedication to the well-being of New Jerseyans visit underscored the promise that initiatives sacrificed her health to win her brother’s life. in need deserves this body’s recognition. like the ATTAIN Act hold for closing the stu- For a state which could have used its power During her decade long-tenure as CEO, dent achievement gap. to do what is right, the outcome is tragic. But Mrs. Christopher spearheaded a geographic The ATTAIN Act amends the current ‘‘En- for the Davis family, if it had to be this way, expansion which transformed the agency from hancing Education Through Technology’’ pro- it is an elegant ending. God has finally accom- a two-county provider to a statewide organiza- gram in the Elementary and Secondary Edu- plished what the state of Georgia could not. In tion. Mrs. Christopher led the development of cation Act to better target federal education his mercy he granted their prayers to be all to- a continuum of services, including home- technology resources to raise student achieve- gether again—happy, healed and whole. They health care, hospice care, community-based ment, ensure high quality teaching and im- leave us the lessons of their lives and a leg- prevention and outreach initiatives, clinics for prove our education system while ensuring our acy of struggle that strengthened a movement the poor and school-based health care. In re- students are college and career ready and for repeal of the death penalty in this country. cent years, she skillfully steered the organiza- prepared to compete in the digital economy. I send my deepest condolences to the Davis tion through a myriad of federal and state pol- The bill authorizes up to $1 billion in annual family and to Martina Correia’s son, who icy changes, directed a second capital cam- funding to train teachers, purchase education needs our support in this time. May God richly paign that resulted in the agency’s new, mod- technology hardware and software, and to bless you for the sacrifice you as a family ern headquarters, and launched a name support student technological literacy. have made in the long, hard struggle for jus- change and comprehensive branding initiative. Under the bill’s provisions, if Congress ap- tice in America. Mrs. Christopher is a leading national voice propriates more than $300 million annually for f on a wide range of health care issues. She ATTAIN, 60% would be used to purchase new regularly interacts with decision makers on technology and train teachers on how to effec- CAMP ASHRAF IN IRAQ Capitol Hill, and in Trenton to develop legisla- tively use these new tools. tive and regulatory policies to enhance the The remaining 40 percent of ATTAIN funds HON. DANIEL E. LUNGREN quality of health care for New Jersey citizens. would be distributed through competitive OF CALIFORNIA Her public policy work has included advance- grants that encourage schools to undertake IN THE HOUSE OF REPRESENTATIVES ment of public-private partnerships to address comprehensive, technology based reform ini- the growing nursing shortage, expansion of tiatives that have been proven to increase stu- Thursday, December 8, 2011 telehealth services, ensuring adequate reim- dent achievement. Mr. DANIEL E. LUNGREN of California. Mr. bursement for Medicare home-health care, However, should Congress appropriate Speaker, the clock is running down for the and improving Medicaid care programs $300 million or less for this program annually, 3,400 residents of Camp Ashraf in Iraq. I strengthening her state’s human services sys- the Secretary of Education would allocate the share the concern of many of my constituents tem for the most vulnerable. entirety of the funding to conduct a competi- and others across our country and around the Mr. Speaker, once again, please join me in tion and award grants to those states with the world for the status of those living in Camp recognizing and thanking Mrs. Mary Ann most promising initiatives to improve K–12 Ashraf. It is my fear that if the Iraqi govern- Christopher for her 29 years of service to New education through the use of technology. This ment follows through on their threat to shut Jersey and her dedication to providing provision is intended to ensure that there is down the camp that we could be facing a healthcare to those in need. adequate funding to impact student outcomes monumental human rights tragedy. I have f during lean fiscal years. joined many of my colleagues in calling for ac- It is my hope that through this competition cess to the camp by the United Nations High THE ATTAIN ACT states and districts across the country will be Commissioner for Refugees. It is indefensible compelled to evaluate their technology use that UNHCR has not been given access to HON. LUCILLE ROYBAL-ALLARD and work to integrate it effectively throughout those in Ashraf. This in itself seems to be a OF CALIFORNIA all classrooms, and especially those that are violation of international human rights law. IN THE HOUSE OF REPRESENTATIVES currently underserved by education tech- It is imperative that the government of Iraq Thursday, December 8, 2011 nology. revoke its year end deadline for the closure of Mr. Speaker, we know that when teachers Ashraf. UNHCR must be provided sufficient Ms. ROYBAL-ALLARD. Mr. Speaker, I rise are properly trained and schools are properly time to process each and every one of these today to introduce the Achievement Through equipped with technology, students are en- individual cases. Regardless of the State De- Technology and Innovation Act of 2011 (AT- gaged, eager to learn, and ultimately better partment’s position concerning the legal status TAIN). prepared to meet the challenges of the 21st of MEK, the department has both a moral and Given the challenges facing job seekers in century. I believe that the ATTAIN Act is inte- legal responsibility to do everything in its our current economy, technology skills are gral to our continued efforts to deliver all stu- power to ensure that UNHCR is provided ac- now more critical than ever. As a nation, we dents the world class education they expect, cess to the camp. need to prioritize technology literacy, and it need and deserve. I urge my colleagues to co- It is my hope that when Prime Minister should begin with our educational system. sponsor this important bill. Maliki visits with President Obama, that he will Whether students are preparing for college f agree to remove the December 31 deadline or planning to go straight into the workforce, for the closure of Camp Ashraf. There is still we must provide them with the high tech skills IN RECOGNITION OF MICHAEL B. time to avoid a catastrophe and the Secretary employers and the economy demand. Obtain- MITCHELL of State should act with the assurance that de- ing these critical skills is of particular concern cisive action will have the support of Members to low income and minority students who are HON. JOHN GARAMENDI of Congress on both sides of the aisle. falling further behind their higher income peers OF CALIFORNIA f in terms of 21st century college and workplace IN THE HOUSE OF REPRESENTATIVES skills. IN RECOGNITION OF MARY ANN Not only has technology literacy become a Thursday, December 8, 2011 CHRISTOPHER critical life skill, but studies show technology Mr. GARAMENDI. Mr. Speaker, I rise today also has a tremendous impact on student in honor of Police Sergeant Michael B. Mitch- HON. FRANK PALLONE, JR. learning. In this era of ever shrinking school ell, who is retiring after nearly 30 years of law OF NEW JERSEY budgets, overcrowded schools and over- enforcement service, with 23 years of that IN THE HOUSE OF REPRESENTATIVES extended teachers, technology provides an service to the City of Fairfield. As his col- opportunity to improve academic outcomes for leagues, friends and family gather together to Thursday, December 8, 2011 our students. celebrate the next chapter of his life, I ask all Mr. PALLONE. Mr. Speaker, I rise today to I had the opportunity to see this first hand of my colleagues to join me in saluting this recognize Mrs. Mary Ann Christopher, who, at the LA School for Global Studies in my dis- outstanding public servant and defender of after 29 years of service, will depart her posi- trict. This school seamlessly integrates tech- peace and safety.

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.026 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS December 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2219 Michael started his law enforcement career sciences and provide the professional level of has provided a positive environment that en- as a Police Officer with the City of South San support that the community so richly deserves. hances and affirms older adults’ dignity and Francisco for six years. On September 5, Mr. Speaker, Bob Nickelsen’s civic respon- promotes their independence. As the Hart 1988, he was hired as a Police Officer with sibilities do not end at the firehouse doors. He Center’s supporters and patrons gather to cel- the Fairfield Police Department. As an officer, was a commissioner for the Port of Hood ebrate this milestone, I ask all of my col- Michael worked in various capacities that in- River for over 15 years and has served on nu- leagues to join me in honoring the center’s cluded Patrol, Traffic, and Investigations. In merous local agricultural boards and commit- leadership and service to the Sacramento 1998, he completed the distinctive Peace Offi- tees. He was previously recognized as the community. cer Standards and Training (POST)—Robert Hood River Valley’s ‘‘Orchardist of the Year.’’ The Sacramento Senior Center was formed Presly’s Institute of Criminal Investigation (ICI) As a leader within the local farming commu- in 1961, and was later renamed the Ethel certification course with a specialty in homi- nity, Bob has contributed much of his time and MacLeod Hart Senior Center in honor of Hart’s cide investigation. effort to the economic development of Hood generous legacy to the city’s senior commu- Michael was promoted to Police Corporal on River and the Columbia Gorge. nity. From its earliest beginnings, the center September 8, 2000, and served in Patrol, On December 10, the West Side Fire De- has helped to foster a welcoming environment Youth Services, and earned a City Manager’s partment will once again honor Bob with a that supports older citizens’ interests and Commendation in 2003 for his contribution banquet on his behalf I invite my colleagues to needs, a place in which senior citizens feel a and dedication to the City of Fairfield Driver’s join me in praising Bob Nickelsen for 60 re- connection to each other and receive valida- Training Program. On January 5, 2007 Mi- markable years of dedicated public service, tion from the wider community. chael was promoted to Police Sergeant and his numerous contributions to his community, supervised teams on Patrol and then the Traf- and for his outstanding character as a citizen Over the last fifty years, the Hart Center has fic Unit beginning in 2008. As the Police De- of Hood River. provided a wide variety of recreational and partment experienced changes in leadership Theodore Roosevelt once said that ‘‘the first health services. The center’s programs include and command staff, he stepped in and as- requisite for a good citizen is that he should flu clinics, legal workshops, the Friendship sisted city management by filling the gaps and be willing and able to pull his own weight.’’ Cafe´, computer classes, and a hearing im- acting as a Police Lieutenant and managing Bob continues to far surpass this noble stand- paired club. In addition, the Center’s staff pub- Patrol Operations when needed. In 2009, he ard. lish a monthly newsletter called the Hart Cor- nerstone that announces community events, earned the California Office of Traffic Safety’s f Award of Excellence for his outstanding moti- and provide fitness classes that promote phys- vational and leadership skills. His guidance SYNTHETIC DRUG CONTROL ACT ical exercise and encourage healthy aging. and efforts dramatically increased the suc- OF 2011 The Hart Center has also partnered with a cessful implementation and completion of traf- number of organizations to meet the needs of SPEECH OF fic safety activities in the City of Fairfield. local seniors, including the Gray Panthers, Michael has been a valued employee and HON. RUSH D. HOLT Older Women’s League, Sacramento Senior Legal Hotline, California Health Advocates, his commitment to the community was evi- OF NEW JERSEY Social Security, the Franchise Tax Board, and denced on a daily basis. He was a loyal rep- IN THE HOUSE OF REPRESENTATIVES resentative of the law enforcement community many others. Wednesday, December 7, 2011 and admired for his hard work, dedication, and As a member of Congress, I have had the positive work ethic. Mr. HOLT. Mr. Speaker, I rise to express privilege of visiting the Hart Senior Center on Mr. Speaker, I am truly honored to pay trib- my opposition to H.R. 1254, the Synthetic numerous occasions. Earlier this year I had ute to this dedicated public servant. I ask all Drug Control Act of 2011. the opportunity to speak at an Older Women’s of my colleagues to join with me in wishing Mi- While I support sensible restrictions on dan- League monthly meeting at the Center, and chael B. Mitchell continued success and hap- gerous substances, I am concerned about the talk about legislative proposals that affect Sac- piness in all of his future endeavors. unintended consequences this bill could have ramento’s senior community. Additionally, last f on medical research. This bill has the potential summer the Hart Senior Center hosted a So- to make these kinds of substances extremely cial Security 75th anniversary party where we TRIBUTE TO MR. BOB NICKELSEN difficult for researchers to obtain. In fact, many celebrated the program and reflected on its researchers have expressed concern that the importance. list in this bill is too broad and would restrict HON. GREG WALDEN Mr. Speaker, I am honored to pay tribute to their ability to conduct important experiments. OF OREGON the Ethel MacLeod Hart Senior Center on its Additionally, this legislation would bypass IN THE HOUSE OF REPRESENTATIVES 50th anniversary. I ask my colleagues to join the scientific and medical review process that Thursday, December 8, 2011 me in honoring the Hart Center’s role of pro- is in place for adding substances to Schedule viding the community with much needed serv- Mr. WALDEN. Mr. Speaker, I rise today to I. Making decisions without scientific review is ices. recognize the 60 years of outstanding public problematic. and volunteer service of my fellow Oregonian It is important to note that states are free to and friend, Mr. Bob Nickelsen. I would like to make decisions regarding these kinds of sub- f celebrate and pay tribute to Bob’s loyal serv- stances. I supported the reasonable step New ice to my hometown of Hood River, Oregon OUR UNCONSCIONABLE NATIONAL Jersey took when it banned the synthetic DEBT and to pay tribute to a man who embodies the drugs known as ‘‘bath salts’’ this summer. selfless spirit of service to others. Since this bill would bypass scientific review In 1951, Bob first joined the West Side Fire and could hinder much-needed research, I HON. MIKE COFFMAN Department as a volunteer firefighter. In 1961, urge my colleagues to vote no. OF COLORADO Bob was appointed fire chief of the depart- f ment, a position that he held until 1980. Dur- IN THE HOUSE OF REPRESENTATIVES ing his tenure as fire chief, the West Side Fire IN RECOGNITION OF THE 50TH AN- Department expanded its services by erecting NIVERSARY OF THE ETHEL Thursday, December 8, 2011 a second firehouse, which now bears his MACLEOD HART SENIOR CENTER name. Under Bob’s guidance, the fire depart- Mr. COFFMAN of Colorado. Mr. Speaker, ment also began dispatching first responder HON. DORIS O. MATSUI on January 26, 1995, when the last attempt at personnel to aid emergency medical calls with a balanced budget amendment passed the OF CALIFORNIA House by a bipartisan vote of 300–132 the na- the Hood River Ambulance Service. IN THE HOUSE OF REPRESENTATIVES For the past 30 years, he has also served tional debt was $4,801,405,175,294.28. as an elected member of the West Side Fire Thursday, December 8, 2011 Today, it is $15,046,397,725,405.16. We’ve District Board of Directors. To this day, Bob Ms. MATSUI. Mr. Speaker, I rise today in added $10,244,992,550,110.88 dollars to our continues to put himself in harm’s way as a recognition of the Ethel MacLeod Hart Senior debt in 16 years. This is $10 trillion in debt our volunteer fire fighter. His leadership allowed Center, a popular gathering location for Sac- nation, our economy, and our children could this small rural volunteer fire district to stay in ramento’s seniors. It is a great pleasure to have avoided with a balanced budget amend- step with current developments in the fire recognize the center’s 50th Anniversary, as it ment.

VerDate Mar 15 2010 05:02 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.030 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E2220 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2011 IN RECOGNITION OF MR. S. cepted a position as Senior Vice President of None of us in this body will forget Gabriel THOMAS GAGLIANO Corporate Affairs at EPS corporate head- and all those who were brutally and sense- quarters, the position he currently holds to this lessly murdered that day. HON. FRANK PALLONE, JR. day. The naming of a room in the Capitol Visitor OF NEW JERSEY Mr. Speaker, once again, please join me in Center will forever memorialize this young congratulating Mr. Thomas Gagliano as mem- man whose commitment to public service and IN THE HOUSE OF REPRESENTATIVES bers of the Jersey Shore Partnership gather to idealism we should all hope to emulate each Thursday, December 8, 2011 celebrate his 80th birthday. His outstanding and every day. We must continue to fulfill our Mr. PALLONE. Mr. Speaker, I rise today to service as an elected official and founder of promise of improving and supporting our com- congratulate Mr. Thomas Gagliano, founder of the organization exemplifies his whole-hearted munities and our country, as Gabriel so hon- the Jersey Shore Partnership. On December dedication and commitment to serving the estly believed we, the Congress, should. 14, 2011, members of this organization will resident of the Jersey Shore and New Jersey. f gather to celebrate Mr. Gagliano’s 80th birth- f day. Throughout his professional career, Tom IN RECOGNITION OF U.S. MARSHAL Gagliano has demonstrated outstanding dedi- H. RES. 364, NAMING HVC–215 THE PETER J. ELLIOTT ON THE OC- cation to his community and trade. His serv- GABRIEL ZIMMERMAN ROOM CASION OF RECEIVING THE 2011 ices are truly worthy of this body’s recognition. OHIO STATE BAR FOUNDATION’S Tom Gagliano is founder and former Presi- HON. JARED POLIS OUTSTANDING PROGRAM AWARD dent of the Jersey Shore Partnership, Inc., a OF COLORADO nonprofit coastal advocacy organization, active IN THE HOUSE OF REPRESENTATIVES HON. MARCIA L. FUDGE in Monmouth, Ocean, Atlantic and Cape May Thursday, December 8, 2011 OF OHIO Counties. Jersey Shore Partnership has been IN THE HOUSE OF REPRESENTATIVES instrumental on a national, state and local Mr. POLIS. Mr. Speaker, I rise today in level for funding beach replenishment projects strong support of H. Res. 364, a bill desig- Thursday, December 8, 2011 along the 127 miles of the New Jersey coast- nating room HVC–215 of the Capitol Visitor Ms. FUDGE. Mr. Speaker, on behalf of the line. Mr. Gagliano’s leadership has remained a Center as the ‘‘Gabriel Zimmerman Room.’’ citizens of the Eleventh Congressional District catalyst in the organization’s ability to maintain Almost one year ago, a gunman ruthlessly of Ohio, I rise today to recognize U.S. Marshal an active role in initiatives unique and impor- opened fire on a crowd attending one of Con- Peter J. Elliott of the Northern District of Ohio, tant to the Jersey Shore community. Mr. gresswoman GABRIELLE GIFFORDS’ ‘‘Congress- on receiving the Ohio State Bar Foundation’s Gagliano is also the Chairman of the Jersey woman on the Corner’’ events at a local su- Outstanding Program Award on behalf of the Shore Partnership Foundation and remains a permarket. That day is one of this body’s Fugitive Safe Surrender Program. The Award key figure in the organization’s success. The greatest tragedies, and we will forever remem- is given annually to an organization and its Foundation was instrumental in creating the ber the 13 wounded, including Congress- leadership for programs that promote access $25 million per year ‘‘Shore Protection Fund’’, woman GIFFORDS and the 6 individuals that to, and generate improvements in, the Ohio allowing the federal government to proceed lost their lives. criminal justice system. with multiple beach replenishment projects Today, we have the opportunity to remem- I am pleased to recognize Marshal Elliott’s throughout the state. Mr. Gagliano and the ber one of those individuals who was taken tireless efforts and commend him on the suc- Jersey Shore Partnership remain an integral from us, Gabriel Zimmerman, the Director of cess of the Fugitive Safe Surrender Program, part to maintaining the health and beauty of Community Outreach for Congresswoman GIF- which he created after Cleveland police officer New Jersey’s shore region. FORDS. Gabriel’s position was to enable the Wayne Leon, a family friend, was killed by an Mr. Gagliano is a lifelong resident of Jersey Congresswoman to interact closely with con- individual being served an arrest warrant. Shore, currently residing in Red Bank, New stituents, organizations and citizens through- Since 2005, Fugitive Safe Surrender has Jersey. He is a proud alumni of Brown Univer- out southern Arizona. Indeed, he had devoted brought thousands of fugitives in over 25 cities sity and earned his law degree from George- his life to public service. across the nation to surrender. The idea of town University. Mr. Gagliano has also admi- By dedicating HVC–215 as the ‘‘Gabriel having fugitives surrender in a safe haven, rably served in the United States Navy from Zimmerman Room,’’ we are not only com- such as a church, has been one key to the 1954 to 1956. He is a member of the New memorating the first congressional staffer in program’s success. Jersey Bar and served as senior partner of his history to be killed in the performance of his In 2010, between September 22nd and own law firm, located in West Long Branch, official duties, but we also are memorializing 25th, Fugitive Safe Surrender brought in a na- New Jersey until 1989. Mr. Gagliano was the value of civic participation which Gabriel tional record of 7,431 fugitives at Mount Zion elected to the Oceanport Council in 1967. He Zimmerman exemplified in his life. Church in Oakwood Village, Ohio. The Fugi- also served as Monmouth County Surrogate Gabriel, at the age of thirty was engaged to tive Safe Surrender program was authorized from 1971 through 1976. Mr. Gagliano was be married. He was known to be a kind, hard- by Congress in July 2006 and signed into law first elected to the New Jersey Senate in 1977 working person respected throughout Con- in 2007, after being introduced by the late and was re-elected three times, serving as Mi- gresswoman GIFFORDS’ Eighth Congressional Congresswoman Stephanie Tubbs-Jones and nority Leader and Ranking Member of the District. former Senator Mike DeWine. It is believed to Transportation and Communications Com- He graduated from the University of Cali- be the first program of its kind in the nation. mittee. Governor Tom Kean appointed him Ex- fornia at Santa Cruz in 2002 with a degree in I am very proud that this program was created ecutive Director of New Jersey’s NJTRANSIT sociology and then went on to graduate from in the Northern District of Ohio by my friend, Agency. In 1990, Mr. Gagliano was appointed Arizona State University in 2006 with a Mas- U.S. Marshal Peter Elliott, and congratulate by President George H.W. Bush to serve as ters in social work. Gabriel continued his pas- him on receiving the well-deserved Ohio State commuter rail representative to the Commis- sion for civic service as a social worker assist- Bar Foundation’s Outstanding Program Award sion on Railroad Retirement Reform, which he ing troubled youth prior to joining Congress- in recognition of the Fugitive Safe Surrender humbly accepted. In 2001, Mr. Gagliano ac- woman GIFFORDS’ staff. Program.

VerDate Mar 15 2010 05:11 Dec 09, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.035 E08DEPT1 pwalker on DSK7TPTVN1PROD with REMARKS Thursday, December 8, 2011 Daily Digest Senate By 50 yeas to 48 nays (Vote No. 224), Senate re- Chamber Action jected the motion to proceed to consideration of the Routine Proceedings, pages S8421–S8467 bill. (A unanimous-consent agreement was reached Measures Introduced: Fourteen bills and two reso- providing that the motion to proceed to consider- lutions were introduced, as follows: S. 1963–1976, ation of the bill, having failed to achieve 60 affirma- S.J. Res. 33, and S. Res. 346. Pages S8460–61 tive votes, the motion to proceed to consideration of the bill, was not agreed to.) Pages S8444–45 Measures Reported: A unanimous-consent agreement was reached pro- S. 1400, to restore the natural resources, eco- viding that the motion to invoke cloture on the mo- systems, fisheries, marine and wildlife habitats, tion to proceed to consideration of the bill, be with- beaches, and coastal wetlands of Gulf Coast States, drawn. Page S8434 to create jobs and revive the economic health of communities adversely affected by the explosion on, Temporary Tax Holiday and Government Re- and sinking of, the mobile offshore drilling unit duction Act: Senate began consideration of the mo- Deepwater Horizon, with an amendment in the nation to proceed to consideration of S. 1931, to pro- ture of a substitute. (S. Rept. No. 112–100) vide civilian payroll tax relief, to reduce the Federal S. 678, to increase the penalties for economic espi- budget deficit. Page S8445 onage, with an amendment. During consideration of this measure today, Senate S. 1886, to prevent trafficking in counterfeit also took the following action: drugs. Page S8460 By 22 yeas to 76 nays (Vote No. 225), Senate re- Measures Passed: jected the motion to proceed to consideration of the bill. (A unanimous-consent agreement was reached Civilian Service Recognition Act: Committee on providing that the motion to proceed to consider- Homeland Security and Governmental Affairs was ation of the bill, having failed to achieve 60 affirma- discharged from further consideration of H.R. 2061, tive votes, the motion to proceed to consideration of to authorize the presentation of a United States flag the bill, was not agreed to.) Page S8445 on behalf of Federal civilian employees who die of injuries in connection with their employment, and House Messages: the bill was then passed. Page S8466 Missouri and Illinois Compact: Senate concurred Enrollment Correction: Senate agreed to H. Con. in the amendment of the House of Representatives Res. 86, directing the Clerk of the House of Rep- to S.J. Res. 22, to grant the consent of Congress to resentatives to make corrections in the enrollment of an amendment to the compact between the States of Missouri and Illinois providing that bonds issued by H.R. 2061. Page S8466 the Bi-State Development Agency may mature in Tariff Act of 1930: Senate passed S. 1974, to not to exceed 40 years. Page S8466 amend the Tariff Act of 1930 to clarify the definition of aircraft and the offenses penalized under the Cordray Nomination—Cloture: Senate resumed aviation smuggling provisions under that Act. consideration of the nomination of Richard Cordray, of Ohio, to be Director, Bureau of Consumer Finan- Pages S8466–67 cial Protection. Pages S8422–29 Measures Considered: During consideration of this measure today, Senate Payroll Tax Relief: Senate continued consideration also took the following action: of the motion to proceed to consideration of S. 1944, By 53 yeas to 45 nays, 1 responding present (Vote to create jobs by providing payroll tax relief for mid- No. 223), three-fifths of those Senators duly chosen dle class families and businesses. Pages S8429–45 and sworn, not having voted in the affirmative, Sen- During the consideration of this measure today, ate rejected the motion to close further debate on Senate also took the following action: the nomination. Pages S8428–29 D1334

VerDate Mar 15 2010 07:19 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D08DE1.REC D08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1335 Eisen Nomination—Cloture: Senate began consid- Statements on Introduced Bills/Resolutions: eration of the nomination of Norman L. Eisen, of the Pages S8462–65 District of Columbia, to be Ambassador to the Czech Additional Statements: Page S8459 Republic. Page S8454 A motion was entered to close further debate on Notices of Hearings/Meetings: Page S8465 the nomination, and, in accordance with the provi- Authorities for Committees to Meet: sions of Rule XXII of the Standing Rules of the Pages S8465–66 Senate, and pursuant to the unanimous-consent Record Votes: Three record votes were taken today. agreement of Thursday, December 8, 2011, a vote (Total—225) Pages S8429, S8444–45 on cloture will occur at 5:30 p.m. on Monday, De- Adjournment: Senate convened at 9:31 a.m. and cember 12, 2011. Page S8454 adjourned at 6:25 p.m., until 2 p.m. on Monday, Aponte Nomination—Cloture: Senate began con- December 12, 2011. (For Senate’s program, see the sideration of the nomination of Mari Carmen remarks of the Majority Leader in today’s Record on Aponte, of the District of Columbia, to be Ambas- page S8467.) sador to the Republic of El Salvador. Page S8454 A motion was entered to close further debate on the nomination, and, in accordance with the provi- Committee Meetings sions of Rule XXII of the Standing Rules of the Senate, and pursuant to the unanimous-consent (Committees not listed did not meet) agreement of Thursday, December 8, 2011, a vote on cloture will occur upon disposition of the nomi- BUSINESS MEETING nation of Norman L. Eisen, of the District of Co- Committee on Commerce, Science, and Transportation: lumbia, to be Ambassador to the Czech Republic. Committee ordered favorably reported the nomina- Page S8454 tions of Jon D. Leibowitz, of Maryland, and Maureen Eisen and Aponte Nominations—Agreement: A K. Ohlhausen, of Virginia, both to be a Federal Trade Commissioner, Rebecca M. Blank, of Mary- unanimous-consent-time agreement was reached pro- land, to be Deputy Secretary of Commerce, Ajit viding that Senate resume consideration of the nomi- Varadaraj Pai, of Kansas, and Jessica Rosenworcel, of nations of Norman L. Eisen, of the District of Co- Connecticut, both to be a Member of the Federal lumbia, to be Ambassador to the Czech Republic, Communications Commission. and Mari Carmen Aponte, of the District of Colum- bia, to be Ambassador to the Republic of El Salvador ICANN’S EXPANSION OF TOP LEVEL at 4:30 p.m., on Monday, December 12, 2011, that DOMAINS there be one hour for debate equally divided in the usual form; that upon the use or yielding back of Committee on Commerce, Science, and Transportation: time, Senate vote, without intervening action or de- Committee concluded a hearing to examine the bate, on the motion to invoke cloture on the nomi- Internet Corporation for Assigned Names and Num- nation of Norman L. Eisen, of the District of Co- bers (ICANN)’s expansion of top level domains, after lumbia, to be Ambassador to the Czech Republic; receiving testimony from Fiona M. Alexander, Asso- and that if cloture is invoked, Senate immediately ciate Administrator, Office of International Affairs, vote on confirmation of the nomination; and that National Telecommunications and Information Ad- following disposition of the nomination of Norman ministration, Department of Commerce; Kurt Pritz, L. Eisen, of the District of Columbia, to be Ambas- Internet Corporation for Assigned Names and Num- bers (ICANN), Marina del Rey, California; Daniel L. sador to the Czech Republic, Senate vote on the mo- Jaffe, Association of National Advertisers (ANA), tion to invoke cloture on the nomination of Mari Washington, D.C.; Angela F. Williams, YMCA of Carmen Aponte, of the District of Columbia, to be the USA, Chicago, Illinois; and Esther Dyson, New Ambassador to the Republic of El Salvador. York, New York. Page S8454 Messages from the House: Pages S8459–60 NOMINATION Measures Referred: Page S8460 Committee on Energy and Natural Resources: Committee Enrolled Bills Presented: Page S8460 concluded a hearing to examine the nomination of Arunava Majumdar, of California, to be Under Sec- Executive Reports of Committees: Page S8460 retary of Energy, after the nominee testified and an- Additional Cosponsors: Pages S8461–62 swered questions in his own behalf.

VerDate Mar 15 2010 07:19 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D08DE1.REC D08DE1 bjneal on DSK2TWX8P1PROD with D1336 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2011 DOMESTIC AND GLOBAL WATER SUPPLY of California, to be an Assistant Administrator of the ISSUES United States Agency for International Development, Committee on Energy and Natural Resources: Sub- after the nominees testified and answered questions committee on Water and Power concluded a hearing in their own behalf. to examine opportunities and challenges to address LONG-TERM UNEMPLOYED domestic and global water supply issues, after receiving testimony from Anne Castle, Assistant Secretary Committee on Health, Education, Labor, and Pensions: of the Interior for Water and Science; L. Jerry Han- Committee concluded a hearing to examine barriers sen, Principal Deputy Assistant Secretary of the facing the long-term unemployed, after receiving Army for Installations, Energy and Environment, testimony from Christine Owens, National Employ- Department of Defense; Aaron Salzberg, Special Co- ment Law Project, Washington, D.C.; Reverend ordinator on Water Resources, Bureau of Oceans and Marvin A. Moss, Cascade United Methodist Church, International Environmental and Scientific Affairs; Atlanta, Georgia; Donna Stebbins, Phoenix, Arizona; Harry T. Stewart, New Hampshire Department of and John Meyer, Winner, South Dakota. Environmental Services Water Division Director, BUSINESS MEETING Concord; Peter H. Gleick, Pacific Institute, Oakland, California; Thomas Stanley, GE Power and Water, Committee on Indian Affairs: Committee ordered favor- Water and Process Technologies, Trevose, Pennsyl- ably reported the following business items: vania; Anthony Willardson, Western States Water S. 1763, to decrease the incidence of violent Council, Murray, Utah; and Melissa L. Meeker, crimes against Indian women, to strengthen the ca- South Florida Water Management District, West pacity of Indian tribes to exercise the sovereign au- Palm Beach. thority of Indian tribes to respond to violent crimes committed against Indian women, and to ensure that BUSINESS MEETING perpetrators of violent crimes committed against In- Committee on Environment and Public Works: Com- dian women are held accountable for that criminal mittee ordered favorably reported the following busi- behavior, with an amendment in the nature of a sub- ness items: stitute; and S. 432, to provide for environmental restoration S. 1065, to settle land claims within the Fort Hall activities and forest management activities in the Reservation. Lake Tahoe Basin, with an amendment; STATE AND FEDERAL TAX POLICY S. 1296, to revise the boundaries of John H. Chafee Coastal Barrier Resources System Sachuest Committee on Indian Affairs: Committee concluded an Point Unit RI–04P, Easton Beach Unit RI–05P, oversight hearing to examine state and Federal tax Almy Pond Unit RI–06, and Hazards Beach Unit policy, focusing on building new markets in Indian RI–07 in the State of Rhode Island; country, after receiving testimony from Kevin W. S. 1266, to direct the Secretary of the Interior to Leecy, Bois Forte Band of Chippewa, Nett Lake, establish a program to build on and help coordinate Minnesota; Peter Ortego, Ute Mountain Ute Tribe, funding for the restoration and protection efforts of Towaoc, Colorado; and Steven J. Gunn, Washington the 4-State Delaware River Basin region, with an University in St. Louis, St. Louis, Missouri. amendment in the nature of a substitute; BUSINESS MEETING S. 1740, to amend the Chesapeake Bay Initiative Act of 1998 to provide for the reauthorization of the Committee on the Judiciary: Committee ordered favor- Chesapeake Bay Gateways and Watertrails Network; ably reported the following business items: and S. 1886, to prevent trafficking in counterfeit Proposed resolutions relating to the General Serv- drugs; ices Administration. S. 678, to increase the penalties for economic espionage, with an amendment; and NOMINATIONS The nomination of Kathryn Keneally, of New Committee on Foreign Relations: Committee concluded York, to be an Assistant Attorney General, Depart- a hearing to examine the nominations of Tara D. ment of Justice. Sonenshine, of Maryland, to be Under Secretary for Public Diplomacy, Anne Claire Richard, of New INTELLIGENCE York, to be Assistant Secretary for Population, Refu- Select Committee on Intelligence: Committee held closed gees, and Migration, and Robert E. Whitehead, of hearings on intelligence matters, receiving testimony Florida, to be Ambassador to the Togolese Republic, from officials of the intelligence community. all of the Department of State, and Earl W. Gast, Committee recessed subject to the call.

VerDate Mar 15 2010 07:19 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D08DE1.REC D08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1337

VerDate Mar 15 2010 07:19 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D08DE1.REC D08DE1 bjneal on DSK2TWX8P1PROD with D1338 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2011 House of Representatives Farm Dust Regulation Prevention Act of 2011: Chamber Action The House passed H.R. 1633, to establish a tem- Public Bills and Resolutions Introduced: 25 pub- porary prohibition against revising any national am- lic bills, H.R. 3605–3629, were introduced. bient air quality standard applicable to coarse partic- Pages H8317–18 ulate matter and to limit Federal regulation of nui- Additional Cosponsors: Pages H8319–20 sance dust in areas in which such dust is regulated under State, tribal, or local law, by a recorded vote Reports Filed: Reports were filed today as follows: of 268 ayes to 150 noes, Roll No. 912. H.R. 443, to provide for the conveyance of certain Pages H8274–96 property from the United States to the Maniilaq As- Rejected the DeGette motion to recommit the bill sociation located in Kotzebue, Alaska, with an to the Committee on Energy and Commerce with amendment (H. Rept. 112–318 Pt. 1); instructions to report the same back to the House H.R. 1466, to resolve the status of certain persons forthwith with an amendment, by a recorded vote of legally residing in the Commonwealth of the North- 166 ayes to 252 noes, Roll No. 911. Pages H8294–96 ern Mariana Islands under the immigration laws of Pursuant to the rule, the amendment in the na- the United States (H. Rept. 112–319 Pt. 1); ture of a substitute recommended by the Committee H.R. 1740, to amend the Wild and Scenic Rivers on Energy and Commerce now printed in the bill Act to designate a segment of Illabot Creek in shall be considered as an original bill for the purpose Skagit County, Washington, as a component of the of amendment under the five-minute rule. National Wild and Scenic Rivers System, with an Page H9282 amendment (H. Rept. 112–320); Agreed to: H.R. 2719, to ensure public access to the summit Crawford amendment (No. 3 printed in H. Rept. of Rattlesnake Mountain in the Hanford Reach Na- 112–317) that directs the Environmental Protection tional Monument for educational, recreational, his- Agency Administrator to consult with the Secretary torical, scientific, cultural, and other purposes (H. of Agriculture when modifying National Ambient Rept. 112–321); Air Quality Standards with respect to ‘‘nuisance H.R. 3069, to amend the Marine Mammal Protec- dust’’ under exceptions provided in Sec. 132(b) of tion Act of 1972 to reduce predation on endangered the Farm Dust Regulation Prevention Act of 2011; Columbia River salmon and other nonlisted species, Pages H8284–85 and for other purposes (H. Rept. 112–322); and Flake amendment (No. 6 printed in H. Rept. H.R. 2829, to promote transparency, account- 112–317) that adds sense of Congress language re- ability, and reform within the United Nations sys- garding an approach to excluding so-called ‘‘excep- tem, and for other purposes, with an amendment (H. tional events’’ (like massive dust storms that are not Rept. 112–323). Page H8317 controllable or preventable) from determinations of Speaker: Read a letter from the Speaker wherein he whether an area is in compliance with the coarse appointed Representative Miller (MI) to act as particulate matter standard; and Page H8287 Speaker pro tempore for today. Page H8265 Schock amendment (No. 7 printed in H. Rept. Recess: The House recessed at 9:50 a.m. and recon- 112–317) that requires the EPA to take agriculture vened at 10:30 a.m. Page H8271 jobs and the economic impact on the agriculture industry into account before they issue any new regu- Journal: The House agreed to the Speaker’s approval lations relating to agriculture. If a proposed regula- of the Journal by a recorded vote of 312 ayes to 94 tion is found to cause the loss of more than 100 ag- noes with 1 answering ‘‘present’’, Roll No. 905. riculturally related jobs or a decrease in more than Pages H8265, H8273–74 $1,000,000 in agriculturally related economic activ- Suspension—Proceedings Resumed: The House ity then EPA has to give notice to the State’s Con- agreed to suspend the rules and pass the following gressional Delegation, Governor, and Legislature, measure which was debated yesterday, December and also hold a public hearing in the impacted State. 7th: Pages H8287–89 Synthetic Drug Control Act of 2011: H.R. 1254, Rejected: amended, to amend the Controlled Substances Act to Rush amendment (No. 1 printed in H. Rept. place synthetic drugs in Schedule I, by a 2⁄3 recorded 112–317) that sought to clarify that nothing in the vote of 317 ayes to 98 noes, Roll No. 904. bill precludes the EPA Administrator from enforcing Pages H8272–73 National Ambient Air Quality Standards (NAAQS)

VerDate Mar 15 2010 07:19 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D08DE1.REC D08DE1 bjneal on DSK2TWX8P1PROD with December 8, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1339 for PM2.5 and would delete section 3, which allows H8293, H8293–94, H8295–96, and H8296. There the EPA to regulate ‘‘nuisance dust’’ in areas where were no quorum calls. states and localities do not do so if it substantially Adjournment: The House met at 9 a.m. and ad- hurts public health and if the benefits of applying journed at 5:15 p.m. standards would outweigh the costs (by a recorded vote of 150 ayes to 255 noes, Roll No. 906); Pages H8282–83, H8290–91 Committee Meetings Christensen amendment (No. 2 printed in H. MF GLOBAL BANKRUPTCY Rept. 112–317) that sought to allow the EPA the Committee on Agriculture: Full Committee held a hear- authority under the Clean Air Act to step in and ing on the Examination of MF Global bankruptcy. take action to reduce dangerous particle pollution if Testimony was heard from Jill Sommers, Commis- state, local, or tribal laws are not sufficient to pro- sioner, Commodity Futures Trading Commission; tect public health (by a recorded vote of 159 ayes and public witnesses. to 250 noes, Roll No. 907); Pages H8283–84, H8291–92 MISCELLANEOUS MEASURES Markey amendment (No. 4 printed in H. Rept. 112–317) that sought to ensure that particulate mat- Committee on Financial Services: Subcommittee on In- ter containing arsenic and other heavy metals that surance, Housing and Community Opportunities are hazardous to human health is not nuisance dust held a markup of the following: H.R. 3559, the ‘‘In- and remains subject to the Clean Air Act (by a re- surance Data Protection Act’’; H.R. 2446, the corded vote of 165 ayes to 249 noes, Roll No. 908); ‘‘RESPA Home Warranty Clarification Act of Pages H8285–86, H8292 2011’’; and H.R. 3298, the ‘‘Homes for Heroes Act Waxman amendment (No. 5 printed in H. Rept. of 2011’’. The following were forwarded, without 112–317) that sought to require that particulate pol- amendments: H.R. 3559; H.R. 2446; and H.R. lution produced from mining activities is not de- 3298. fined as ‘‘nuisance dust’’ and thus remains subject to GLOBAL INTERNET FREEDOM the Clean Air Act (by a recorded vote of 158 ayes Committee on Foreign Affairs: Subcommittee on Africa, to 257 noes, Roll No. 909); and Global Health, and Human Rights held a hearing Pages H8286–87, H8292–93 entitled ‘‘Promoting Global Internet Freedom.’’ Tes- Al Green amendment (No. 8 printed in H. Rept. timony was heard from public witnesses. 112–317) that sought to require EPA to provide a report of the increase or decrease in the number of MISCELLANEOUS MEASURES jobs as a result of enactment of the bill (by a re- Committee on Homeland Security: Subcommittee on corded vote of 170 ayes to 247 noes, Roll No. 910). Emergency Preparedness, Response, and Communica- Pages H8289–90, H8293–94 tions held a markup of the following: the H.R. H. Res. 487, the rule providing for consideration 3563, ‘‘Integrated Public Alert Warning System of the bill, was agreed to by a recorded vote of 249 Modernization Act of 2011’’; H.R. 1411, to amend ayes to 161 noes, Roll No. 903, after the previous the Homeland Security Act of 2002 to ensure con- question was ordered by a yea-and-nay vote of 241 tinuation of the Metropolitan Medical Response Sys- yeas to 173 nays, Roll No. 902. tem Program, and for other purposes; and H.R. Pages H8267–71, H8271–72 1129, to amend the Homeland Security Act of 2002 to prohibit requiring the use of a specified percent- Meeting Hour: Agreed that when the House ad- age of a grant under the Urban Area Security Initia- journs today, it adjourn to meet at 11 a.m. tomor- tive and State Homeland Security Grant Program for row, and further, when the House adjourns on that specific purposes, and for other purposes. The fol- day, it adjourn to meet at 12 noon on Monday, De- lowing were reported, as amended: H.R. 3563; H.R. cember 12th for morning hour debate and 2 p.m. for 1411; and H.R. 1129. legislative business. Page H8299 PASSENGER SCREENING TECHNOLOGY AT Senate Messages: Messages received from the Senate U.S. AIRPORTS today appear on pages H8266–67 and H8296. Committee on Homeland Security: Subcommittee on Senate Referrals: S. 1958 was referred to the Com- Transportation Security held a hearing entitled ‘‘A mittee on Financial Services. Page H8316 Review of Passenger Screening Technology at U.S. Quorum Calls—Votes: One yea-and-nay vote and Airports.’’ Testimony was heard from John S. Pis- 10 recorded votes developed during the proceedings tole, Administrator, Transportation Security Admin- of today and appear on pages H8271–72, H8272, istration; Caryn Wagner, Under Secretary, Office of H8273, H8273–74, H8291, H8291–92, H8292, Intelligence and Analysis, Department of Homeland

VerDate Mar 15 2010 07:19 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D08DE1.REC D08DE1 bjneal on DSK2TWX8P1PROD with D1340 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2011 Security; Tara O’Toole, Under Secretary, Science and making appropriations for military construction, the Technology Directorate, Department of Homeland Department of Veterans Affairs, and related agencies Security; Cedric Sims, Executive Director, Office of for the fiscal year ending September 30, 2012, but Program Accountability and Risk Management, did not complete action thereon, and recessed subject Management Directorate, Department of Homeland to the call. Security; Charles K. Edwards, Acting Inspector Gen- eral, Office of the Inspector General, Department of f Homeland Security; and Stephen Lord, Director, NEW PUBLIC LAWS Homeland Security and Justice Issues, Government Accountability Office. (For last listing of Public Laws, see DAILY DIGEST, p. D1292) UNITED STATES DEPARTMENT OF JUSTICE H.R. 394, to amend title 28, United States Code, to clarify the jurisdiction of the Federal courts. Committee on the Judiciary: Full Committee held a Signed on December 7, 2011. (Public Law 112–63) hearing on the United States Department of Justice. Testimony was heard from Eric Holder, Attorney f General, Department of Justice. COMMITTEE MEETINGS FOR FRIDAY, ONGOING INTELLIGENCE ACTIVITIES DECEMBER 9, 2011 House Permanent Select Committee on Intelligence: Full (Committee meetings are open unless otherwise indicated) Committee held a hearing on ongoing intelligence activities. This was a closed hearing. Senate Joint Meetings No meetings/hearings scheduled. MILITARY CONSTRUCTION AND House VETERANS AFFAIRS AND RELATED No hearings are scheduled. AGENCIES APPROPRIATIONS ACT Conferees met to resolve the differences between the Senate and House passed versions of H.R. 2055,

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Next Meeting of the SENATE confirmation of the nomination. Following disposition of 2 p.m., Monday, December 12 the nomination of Norman L. Eisen, of the District of Columbia, to be Ambassador to the Czech Republic, Sen- ate will vote on the motion to invoke cloture on the Senate Chamber nomination of Mari Carmen Aponte, of the District of Program for Monday: After the transaction of any Columbia, to be Ambassador to the Republic of El Sal- morning business (not to extend beyond 4:30 p.m.), Sen- vador. ate will resume consideration of the nomination of Nor- man L. Eisen, of the District of Columbia, to be Ambas- Next Meeting of the HOUSE OF REPRESENTATIVES sador to the Czech Republic, and the nomination of Mari Carmen Aponte, of the District of Columbia, to be Am- 11 a.m., Friday, December 9 bassador to the Republic of El Salvador. At 5:30 p.m., Senate will vote on the motion to invoke cloture on the nomination of Norman L. Eisen, of the District of Co- House Chamber lumbia, to be Ambassador to the Czech Republic, and if Program for Friday: The House will meet in pro forma cloture is invoked on the nomination, Senate will vote on session at 11 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Higgins, Brian, N.Y., E2207 Olson, Pete, Tex., E2213 Hirono, Mazie K., Hawaii, E2209, E2216 Pallone, Frank, Jr., N.J., E2218, E2220 Ackerman, Gary L., N.Y., E2212 Hochul, Kathleen C., N.Y., E2212 Pelosi, Nancy, Calif., E2216 Bonner, Jo, Ala., E2212, E2214, E2215 Holt, Rush D., N.J., E2219 Polis, Jared, Colo., E2209, E2214, E2220 Capps, Lois, Calif., E2207 Johnson, Sam, Tex., E2210 Rogers, Mike, Ala., E2215 Carnahan, Russ, Mo., E2211 Kaptur, Marcy, Ohio, E2214 Coffman, Mike, Colo., E2219 Latham, Tom, Iowa, E2216 Roybal-Allard, Lucille, Calif., E2218 Conyers, John, Jr., Mich., E2217 Lee, Barbara, Calif., E2216 Stark, Fortney Pete, Calif., E2217 Farr, Sam, Calif., E2207 Lewis, John, Ga., E2217 Towns, Edolphus, N.Y., E2208, E2210, E2211 Fincher, Stephen Lee, Tenn., E2210 Lungren, Daniel E., Calif., E2218 Walden, Greg, Ore., E2219 Fudge, Marcia L., Ohio, E2211, E2220 Maloney, Carolyn B., N.Y., E2208, E2215 Webster, Daniel, Fla., E2208 Garamendi, John, Calif., E2208, E2215, E2218 Matsui, Doris O., Calif., E2209, E2219 Woolsey, Lynn C., Calif., E2210 Gerlach, Jim, Pa., E2207 Miller, George, Calif., E2213 Young, Don, Alaska, E2216 Green, Gene, Tex., E2213 Murphy, Christopher S., Conn., E2211

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